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Full text of "Silver City, Idaho : final environmental statement"

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UNITED STATES DEPARTMENT OF THE INTERIOR 



Bureau of Land Management 



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FINAL 
ENVIRONMENTAL STATEMENT 



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CITY 





Prepared by 

BUREAU OF LAND MANAGEMENT 
DEPARTMENT OF THE INTERIOR 



3ileau of Land Management I 



Director, B 



V/J XA'FO ,7f-?J 



SUMMARY 



( ) Draft 



(X) Final Environmental Statement 



Department of the Interior 
Bureau of Land Management 

1. Type of Action : (X) Administrative ( ) Legislative 

2. Brief Description of Action : The Bureau of Land Management 
proposes to lease 70 tracts of public lands within the regionally 
recognized historic site of Silver City, Idaho. Leases would be 
issued to the existing building owners to authorize their existing 
occupancy and use of public lands. The leases would contain 
stipulations (1) to preserve and protect historic and archaeologi- 
cal resources, (2) to protect the natural resources, and (3) to 
protect public health and safety. 

3. Summary of Environmental Impacts and Adverse Environmental 
Effects : The proposed lease would help protect the historic 
buildings from historically inaccurate alterations. Impacts to 
the archaeological resource would be lessened on the 5.5 acres by 
controlling or reducing both artifact and bottle collecting and 
excavation in connection with occupancy and removal of ruins. 
There would be no impact to mining nor any change in grazing 
activities. Compliance with the lease would require a short-term 
increase in maintenance and construction activities. Localized 
soil, vegetation, and wildlife disturbance would occur. Long-term 
impacts to grazing, vegetation, soils, and wildlife and fishery 
would be negligible. 

Although the proposed lease authorizes the building owners to 
occupy public land, the building owners may not feel secure with 
the lease. Public health and safety would improve from the cor- 
rection rection of deficiencies in the sewage disposal and water 
systems. 

4. Alternatives Considered : (1) no action; (2) sale of public 
land to building owners; (3) sale of public land to nonprofit 
organizations; (4) lease of public land to nonprofit organiza- 
tions; (5) total federal acquisition of all buildings and lease 
to seller; (6) federal acquisition of four historic buildings and 
lease public land to remaining building owners; (7) special 
legislative alternative, trustee townsite. 

5. Comments Have Been Requested From The Following : Attached is 
a list of federal, state and nongovernmental agencies with juris- 
diction and expertise which would receive copies of the final 
statement. 

6. Date Statement Made Available to EPA and the Public : 

Draft: April 28, 1978 
Final: 



in 



ATTACHMENT 



COORDINATION IN THE REVIEW OF THE DRAFT ES 



Comments on the draft environmental statement were requested from 
the following agencies and interest groups: (*/Supplied comment) 

Federal 

Advisory Council on Historic Preservation* 
Department of Agriculture 

Forest Service* 

Soil Conservation Service* 
Department of Commerce 

Department of Health, Education and Welfare* 
Department of Housing and Urban Development* 
Department of the Interior 

Bureau of Mines 

Bureau of Reclamation 

Fish and Wildlife Service 

Heritage Conservation and Recreation Service* 

National Park Service* 
Environmental Protection Agency* 

State 

State of Idaho 

Governor's Clearinghouse* 

Ida-Ore Regional Planning and Development Association* 
State Historic Preservation Officer* 

Local 

Owyhee County Commissioners* 

Nongovernmental Organizations 

Ada County Fish and Game League 

American Association of University Women 

Associated Taxpayers of Idaho* 

Audubon Society 

Boise Riding Club 

Boise State University 

Capital Alliance 

Coalition to Save the Snake 

Energy Daily 

Friends of the Earth 

Gem State 4-Wheel Drive 

Greater Snake River Land Use Congress 



IV 



ATTACHMENT (continued) 

Idaho Environmental Council 
Idaho Water Users Association 
Idaho Conservation League 

Idaho Association of Soil Conservation District 
Idaho Forest Council 
Idaho Forestry Association 
Idaho Wildlife Federation 
Idaho Fish and Game Association 
Idaho Gem Club 
Idaho Outdoor Association 
Idaho Mining Association 
Idaho Archaeological Society- 
Idaho State Federation of Garden Clubs 
Idaho League of Women Voters 
Idaho State University 
Mt. Home Air Force Base Sportsman Club 
Nature Conservancy 

National Trust for Historic Preservation* 
National Wildlife Federation 
Nampa Rod and Gun Club 
Offroad Motorcylists Council 
Oregon High Desert Study Group* 
Outdoors Unlimited 
Owyhee Motorcycle Club 
Sierra Club 

Silver City Taxpayers Association* 
Snake River Conservation Research Center 
Society of American Foresters 
Twin Falls Fish and Game Club 
Wildlife Resources 
Wildlife Society 



Silver City Homeowners* 



■r 



TABLE OF CONTENTS 



DESCRIPTION OF THE PROPOSED ACTION - CHAPTER 1 

Introduction 

Proposed Action ~ 

1—2 
Objectives 

Components of the Proposed Action 1_2 

General Provisions 

Protection and Preservation of the 

Archaeological Resource 1- 4 

Protection and Preservation of the 

Historic Resource 1_ ^ 

Protection of the Public 

Health and Safety 1_4 

Protection of the Natural 

Environment 

Failure to Apply or Accept a Lease I -6 

Authority for Proposed Action 

Federal Action Necessary for Initiation 

of Proposed Action l ~' 

Compliance with Terms of the Lease 1_7 

Interrelationships with the Bureau 

Planning System 

Interrelationships with Other Federal, 

State, and Local Agencies *—8 

The Advisory Council on 

Historic Preservation 1~° 

National Park Service 1-9 

State of Idaho 1-9 

Owyhee County 1_1 ° 

DESCRIPTION OF THE ENVIRONMENT - CHAPTER 2 

2-1 
Introduction 

General 2 

Historic Setting and Significance 2-3 

Description of the Silver City Study Area 2-2 

Cultural Resource 

Historic Buildings 2-22 

Historic Archaeology 2-3/ 

Land Use 2 -41 

Grazing 2-41 

Mining ™ 

Recreation z ~ 4:> 

Aesthetics 2-46 

Visual Resource 2-4 6 

Noise 2-4 7 

Odor 2-47 



Soil 2-4 7 

Vegetation 2-48 

Area I - Mountain Mahagony /Juniper 2-48 

Area II - Creek Bottoms , 2-48 

Area III - Protected Areas , . 2-48 

Area IV - Mountain Shrub , 2-49 

Area V - Vegetation Within Town 

Boundaries 2-49 

Area VI - Conifer/Aspen ! .* ! 2-4 9 

Threatened or Endangered Plants 2-50 

Wildlife and Fishery 2-50 

Wildlife 2-50 

Fishery 2-52 

Socio-Economic Characteristics 2-52 

Owyhee County 2-52 

Silver City 2-55 

Description of the Future Environment 

Without the Proposed Action 2-61 

Cultural Resource 2-61 

Land Use 2-62 

Livestock Grazing 2-62 

Mining ........ 2-62 

Recreation 2-62 

Aesthetics 2-63 

Soils o to 

„ ,£-00 

Vegetation 2-63 

Wildlife and Fishery 2-63 

Wildlife 9 s , 

Fishery 2-64 

Socio-Economic Characteristics 2-64 

Owyhee County 2-64 

Silver City ....... 2-64 

ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION - CHAPTER 3 

Introduction o i 

Assumptions and Analysis Guidelines '. 3-1 

Impact Analysis o_i 

Cultural Resource '.'.'. I I '. I '.'.'.] 3-1 

Historic Buildings . 3-1 

Historic Archaeology 3_3 

Land Use oo 

Grazing o_o 

Minln § • • • .' .' '. '. ! '.'.'.'.'.'. 3-3 

Recreation ........ .3.3 

Aesthetics ................... . . . . 3.4 

Soil ~ , 

Vegetation ............... 3-4 

Wildlife and Fishery 3 _4 

Wildlife ............. ..... 3-4 



Fishery 



3-5 



viii 1 

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Socio-Economic Characteristics .... 3-5 

Community Characteristics 3 ~ 5 

Social Attitudes and Values ...... 3-6 

Service Systems 3-D 

MITIGATION MEASURES - CHAPTER 4 



UNAVOIDABLE ADVERSE IMPACTS - CHAPTER 5 



Impact Analysis .... 

Cultural Resource ....... 

Archaeology , . . 

Land Use 

Recreation 

Aesthetics .......... 

Vegetation .......... 

Wildlife ........... 

Socio-Economic Characteristics 



5-1 
5-1 
5-1 
5-1 
5-1 
5-1 
5-1 
5-1 
5-2 



RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF 

MAN'S ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT 

OF LONG TERM PRODUCTIVITY - CHAPTER 6 

IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES - CHAPTER 7 

ALTERNATIVES TO THE PROPOSED ACTION - CHAPTER 8 

Introduction • ° ■*• 

8—1 
Procedure ,.««••••••••••• ° 

Alternative 1 - No Action 8-5 

Alternative 2 - Sale of Public Land to 

Building Owners • • 8-/ 

Alternative 3 - Sale of Public Land to 

Nonprofit Organizations .......... 8-14 

Alternative 4 - Lease Public Land to 

Nonprofit Organizations • ..... 8-21 

Alternative 5 - Total Federal Acquisition 

of Buildings and Lease to Seller ..... 8-30 

Alternative 6 - Federal Acquisition of Four 

Historic Buildings and Lease Public 

Land to Remaining Building Owners 8- 3 7 

Alternative 7 - Special Legislative 

Alternative, Trustee Townsite for 

Silver City • 8 ~ 45 

CONSULTATION AND COORDINATION - CHAPTER 9 

Introduction .....••••»••••• ..... y-1 

Organization of Team for 

Preparation of Draft ES 9-1 



IX 



Consultation and Coordination 
in Preparation of the Draft 

Consultation and Coordination 
in Preparation of the Final 

Comment and Response » . , . , 
Letters of Comment . . , 



ES 



ES 



• * a • 



Appendix A - Methodology Used in 

Estimating Lease Rental 

Appendix B - Silver City Area 

Zoning Ordinance , 

Appendix C - Silver City Buildings . . , 
Appendix D - Methodology Used in 

Assessing the Archaeological Resource 
Appendix E - Proposed Covenants for 

Silver City 



Glossary „ 

References 



• • • | 



• • • 



• • • % 



. . 9-1 

. . 9-2 

. . 9-3 

. . 9-19 



. A-l 

. B-l 

. 0-1 

. D-l 

. E-l 

. G-l 

. R-l 



TABLES 

2-1 Table of Primary Structures ....... 

8-1 Summary of Anticipated Impacts ..... 

FIGURES 

2-1 Silver City, May 1866 

2-2 Lithograph ............... 

2-3 View Northward Across Silver City ca 1880s 

2-4 Looking Toward Long Gulch Creek , 

2-5 A view of the "Queen" taken from a nearby 

mountain in November 1906 

2-6 Growth and Decline of Number of Buildings 

in Silver City ........ 

2-7 Idaho Hotel, July 1867 

2-8 Grete Dwelling ...... 

2-9 Silver Slipper Saloon, Getchell Drug 

Store and Granite Block 

2-10 A view of Washington Street 

2-11 1890s, A typical dwelling 

2-12 Catholic Church 

2-13 Stoddard House . ...... 

2-14 Masonic Hall , 

2-15 Prebuilt Dwelling ...... 

2-16 Dwelling 

2-17 Grete Dwelling ...... 

2-18 I00F Building ...... 

2-19 Silver Slipper Saloon; Getchell Drug . . . 

2-20 Idaho Hotel Annex . , 

2-21 Old County Offices 



2-24 
8-2 



. 2-6 

. 2-6 

. 2—8 

. 2-8 

. 2-9 

. 2-14 
. 2-16 
. 2-17 

. 2-17 

. 2-18 

. 2-18 

. 2-19 

. 2-19 

. 2-20 

. 2-22 

. 2-2 6 

. 2-2 7 

. 2-2 7 

. 2-2 8 

. 2-28 

. 2-29 



x 



NOTICE 

Enclosed is the Final Environmental Statement for 
Silver City, Idaho. This document describes and analyzes 
impacts which would result from the proposed leasing 
of public land within Silver City, along with seven 
alternatives to this proposal. 

Thank you for your interest in this environmental 
statement. 

Sincerely 




Associate State Director 



Bureau of ! rmri m-,„ 

">■« v. tana Management 

Library 

iver Service Gentar 



2-22 Old Telephone Office . ........ 2-29 

2-23 Old Lippincott Building 2_3 ° 

2-24 Hawes Bazaar 2_3 ° 

2-25 Old Butcher Shop 2_31 

2-26 Old Furniture Store 2-31 

2-2 7 Masonic Temple 2 ~ 32 

2-2 8 Old General Store and Owyhee Avalanche 2-32 

2-29 Idaho Hotel 2_33 

2-30 Old Hotel Annex 2 ~ 33 

2-31 School House 2 " 34 

2-32 Stoddard House 2-34 

2-33 Old Ice House 2 ~ 35 

2-34 Old Miners' Hospital 2_35 

2-35 Catholic Church 2 " 36 

2-36 Building Depicting Intrusions 2-38 

2-3 7 Building with Cement Block 

Chimney Intrusion 2 ~ 38 

2-38 Prefabricated Structure 2 ~ 39 

2-39 Propane Tank Intrusion 2-3 9 

2-40 Intrusive Addition and Outhouse Structure 2-40 

MAPS 

1-1 Silver City Proposed Leased Tracts I -3 

2-1 Topography 2 ~ 2 

2-2 Silver City 1903 2-1 ° 

2-3 Silver City 1931 2_11 

2-4 Silver City 1951 2-12 

2-5 Silver City Historic District 2- 15 

2-6 Silver City ES Study Area 2-21 

2-7 Silver City 1977 2 " 23 

2-8 Silver City 1977 - Historic and Architectural 

Significance of Silver City Buildings 2-25 

2-9 Mining 2 " 43 

2-10 Vegetative Types 2 ~ 51 

3-1 Silver City Proposed Leased Tracts 3_2 

8-1 Silver City - Alternative 1 8_6 

8-2 Silver City - Alternative 2 8-8 

8-3 Silver City - Alternative 3 8_15 

8-4 Silver City - Alternative 4 8-22 

8-5 Silver City - Alternative 5 8-31 

8-6 Silver City - Alternative 6 8_38 

8-7 Silver City - Alternative 7 8_46 



xi 



Chapter 1 

Description of the Proposed Action 



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SILVER SLIPPER 



GETCHELL DRUG STORE 



GRANITE BLOCK 






VICINITY MAP 



INTRODUCTION 



Silver City, a historic property listed on the National 
Register of Historic Places, was founded on public land after the 
1863 discovery of gold in the Owyhee Mountains of southwestern 
Idaho. It is located about 50 miles southwest of Boise. 

It began as a mining camp but soon evolved into a flourishing 
mining community. Silver City remained a viable community until 
about 1935 when the county seat was transferred to Murphy, Idaho. 
The last of the Silver City mines did not close until World War 
II, after which the town became an "authentic ghost town" (Wells, 
National Register of Historic Places Inventory 1971). It was 
during this period that many of the privately owned buildings were 
torn down or deteriorated into ruins. 

Today, Silver City is basically a summer residence for the 
private owners of the buildings still standing. However, some 
owners use the buildings while they work their cattle or mining 
claims. 

In 1972, the Boise District, Bureau of Land Management (BLM) , 
prepared the West Owyhee Unit Management Framework Plan (MFP) for 
the Silver City area. As a result, proposed land use decisions 
were made to retain the public lands in Silver City, to resolve 
the unauthorized use and occupancy of these lands by the Silver 
City building owners, to protect the cultural resources, and to 
manage the recreation resource to provide a high quality recreation 
experience. 

The BLM proposes to lease public lands in Silver City to 
resolve the unauthorized use and occupancy problem identified in 
the MFP. This environmental statement addresses the proposed 
leasing action and alternatives. 

After the critical issue of unauthorized use and occupancy is 
resolved, the BLM will prepare a specific plan for the management 
of the recreation and the cultural resources. The general objec- 
tives of the plan will be (1) to protect and manage the cultural 
resource, and (2) to provide for a full range of high quality 
recreation opportunities in harmony with protection of all re- 
sources. This management plan will be subject to an environmental 
evaluation in accordance with the requirements of the National 
Environmental Policy Act of 196 9. 



1-1 



PROPOSED ACTION 



I 



The BLM proposes to lease 70 tracts of public lands, which 
are occupied by privately owned buildings within the historic area 
of Silver City, Idaho. Non-competitive leases would be issued to 
the existing 60 Silver City building owners upon proof of building 
ownership. Proof of ownership would be established by tax records 
and conveyance documents. This action would only authorize use 
and occupancy of the surface estate and would be subject to existing 
valid rights, including valid mining claims. 

This proposal would involve 70 tracts of public land within 
Silver City totaling approximately 5.5 acres (see Map 1-1). 

Objectives 

The objectives of the proposed action are to help preserve 
and protect a segment of a locally recognized historic site and to 
resolve the existing unauthorized occupancy of public lands 
within Silver City. 

Components of the Proposed Action 

Because each tract which is proposed for leasing must be 
addressed on an individual basis, specific lease agreements 
between BLM and Silver City owners have not been developed. To be 
responsive to the needs of the building owners as well as the 
different requirements of each proposed leased area, individual 
lease agreements will be prepared after the final environmental 
statement is completed in August 1978, if the lease program is 
adopted by BLM. 

The provisions contained in this chapter would serve as a 
guide in drafting the individual leases. Individual leases have 
not been prepared. Specific lease stipulations will be prepared 
for each leased tract. The proposed leases would contain the 
following: (1) general provisions; (2) provisions to preserve and 
protect the archaeological resource; (3) provisions to preserve 
and protect the historic resource; (4) provisions to protect 
public health and safety; and (5) provisions to protect the 
natural environment . 

General Provisions . 

_Term. All leases would be issued for a period of 20 years. 

Renewal . If it is determined by BLM that the use should 
continue to be authorized, it will be reissued. However, leases 



will not be automatically renewable. 



1-2 




LEGEND 

Approximate location of proposed 
tracts of public land to be leased 
Approximate location of privately 
qw. ed buildings 



1-3 



Transfers . Leases may be transferred in whole or in part 
under the following conditions: (1) the transferee must be quali- 
fied to hold a lease; (2) the BLM may modify the terms and condi- 
tions of the lease. 

Termination or Suspension . Under the authority of Section 
302(c) of the Federal Land Policy and Management Act, BLM may 
terminate or suspend a lease for the following reasons: (1) non- 
compliance with applicable statutes, regulations, terms and conditions 
of the lease; (2) failure of the holder to use the lease for the 
purpose for which it was granted; and (3) mutual agreement that 
the lease should be terminated. 

Rental . Rental will be based upon the fair market value of 
the rights authorized in the lease. A preliminary investigation 
has been made towards determining estimated rentals (see Appendix A) . 

Protection and Preservation of the Archaeological Resource . All 
surface disturbing activities on the proposed lease area (gardens, 
access roads, utility lines, water systems, etc.) must have prior 
approval by BLM. 

Archaeological artifacts and/or features found in the course 
of authorized surface disturbance are the property of the U.S. 
Government. If any historic or prehistoric artifacts or features 
are discovered as a result of surface disturbance, these discov- 
eries must be left intact and the BLM notified immediately. 

Protection and Preservation of the Historic Resource . The building 
owners must obtain prior approval by BLM to: (1) erect new buildings 
or other structures; (2) alter, maintain, or repair existing 
buildings or structures when these alterations, maintenance, or 
repairs would change the exterior appearance of the buildings or 
structures; (3) erect signs, exhibits, and interpretive devices; 
and (4) demolish, move, or remove buildings or other structures. 
The Secretary of the Interior's "Standard for Rehabilitation" and 
the advice of the Owyhee County Historic Advisory Committee will 
provide BLM with the standards and guidelines for acceptable 
alterations and new construction. The buildings and other privately 
owned structures will be maintained by the building owners. No 
maintenance or repair will be provided by the BLM. Neither will 
the BLM provide utilities, equipment, nor services. 

Protection of the Public Health and Safety . The Southwest District 
Health Department (SDHD) of Idaho has the responsibility to enforce 
state and county laws and regulations that pertain to public 
health and safety. Under the Federal Land Policy and Management 
Act (FLPMA) Section 302(c), BLM has the responsibility to protect 
public health or safety. To meet BLM's responsibilities, the 
following provisions will be required to insure compliance with 
state and county health laws and regulations. 



1-4 



Individual Sewage Disposal System . Any individual sewage 
disposal system is subject to inspection by the SDHD to ascertain 
if it meets the requirements of the state and county health laws 
and ordinances. If the system is found to be substandard and the 
person or organization owning the structure served by such a 
system did not comply with the requirements of SDHD, the building 
affected by or served by such sewage system would be deemed unfit 
for human habitation and vacated until such deficiency is remedied. 

Domestic Water Supply System . All water supply systems would 
be subject to inspection by the SDHD to ascertain whether or not 
such water supply systems meet the requirements of the state and 
county health laws and ordinances. In the event the existing 
system is found by the SDHD to be substandard, the water supply 
system would not be allowed for domestic purposes until the defi- 
ciency is remedied. 

Written Permission for Alteration or Construction of Water 
Supply and Sewage Disposal Systems . Any new construction, 
reconstruction, or alteration of existing or proposed domestic 
water supply or sewage disposal systems would require prior writ- 
ten permission from the BLM. Permission would be given only after 
the BLM (1) receives written notification from the SDHD that the 
plans and specifications for the proposed system comply with the 
requirements of the state and county health laws and ordinances, 
and (2) receives a determination that no historic and prehistoric 
artifacts and features would be unnecessarily impacted by the 
proposed action and that those impacts would be properly mitigated. 

Inspection . Inspection will be made by the SDHD to assure 
that new construction or reconstruction of such systems and facil- 
ities as may be built, rebuilt, or installed comply with SDHD 
approved plans. The BLM will inspect the construction site to 
assure protection of the historic and prehistoric artifacts and 
features . 

Disposal of Refuse . The building owner would dispose of 
refuse as required by the BLM. Disposal would comply with appli- 
cable federal and state laws and regulations. 

Regulations Governing Commercial Establishments . No eating, 
drinking or other commercial establishment may be operated on 
leased lands unless approved by BLM. It would be BLM's responsibility 
to evaluate the need for commercial establishments and to set 
standards for provision of the public services considered to be 
necessary. Commercial enterprises would comply with specific BLM 
requirements, and satisfy state and county health laws and ordinances. 
Any such commercial activities would be authorized in accordance 
with specific provisions in individual lease agreements. 



1-5 



Protection of the Natural Environment . 

Fire Prevention . The building owners would be required to 
take all reasonable precautions to prevent forest, brush, grass, 
and structural fires. They would also be required to install fire 
prevention equipment and take other preventive measures as deter- 
mined by BLM. 

Explosives . The use of explosives must be authorized by the 
BLM. 

Special Events . Sports events, pageants, reenactments, 
entertainments, and the like, characterized as a public spectator 
attraction, and annual conventions, must be authorized by the BLM. 
Such permits must be consistent with the purposes for which the 
area is established and maintained and would cause the minimum 
possible interference with other public use of the area. The 
permit would contain terms and conditions concerning time and 
place to protect the environment, public health and safety. 

The BLM may require the filing of a bond to cover costs of 
restoration and cleanup. 

Portable Engines and Motors . The operation or use of a 
motor-driven electric generating plant or gas-powered appliances 
utilizing an externally mounted propane tank would be in accord- 
ance with plans approved by BLM. 

Valid Rights . The leases are subject to existing rights, 
including valid mining claims. 

Failure to Apply or Accept a Lease . Silver City building owners 
not signing a lease contract would be subject to trespass action. 



AUTHORITY FOR PROPOSED ACTION 

Under Section 302 of the Federal Land Policy and Management 
Act (FLPMA), the Secretary of the Interior is authorized to regulate 
the use, occupancy, and development of the public land through 
lease. The BLM, the administering agency, will represent the 
Secretary in dealing with the building owners. 



1-6 



FEDERAL ACTION NECESSARY FOR INITIATION 
OF PROPOSED ACTION 



Prior to the issuance of the proposed leases, the following 
actions must be taken: (1) completion of this environmental statement 
in accordance with the requirements of the National Environmental 
Policy Act of 1969; (2) compliance with Section 106 of the National 
Historic Preservation Act of 1966 and Executive Order 11593 prior 
to making a decision to lease; and (3) the Secretary of the Interior 
or his authorized representative must make the decision to initiate 
the leasing action. This decision is subject to a 30-day adminis- 
trative review during which comments may be filed. If adverse 
comments are filed, the land use decision may be either vacated, 
affirmed, or modified. 



COMPLIANCE WITH TERMS OF THE LEASE 



The BLM, Boise District, will actively monitor the leases to 
insure compliance with the terms, conditions, and stipulations 
and applicable laws and regulations. The Southwest District 
Health Department of Idaho has the responsibility to enforce state 
and county laws and regulations that pertain to public health and 
safety. The Owyhee County Commissioners have the responsibility 
to insure compliance with their Silver City Area Zoning Ordinance. 



INTERRELATIONSHIPS 
WITH THE BUREAU PLANNING SYSTEM 



In 1972 and 1973, Boise District BLM began writing the Unit 
Resource Analysis (URA) and Management Framework Plan (MFP) for 
the West Owyhee Planning Unit which included Silver City. As part 
of this planning effort, the BLM intended to preserve the historic 
character of Silver City for the public and building owners. An 
interdisciplinary study team was formed to investigate just the 
recreation/historic resources. The seven-man team was made up of 
historic, recreaction, minerals, landscape architect, and engineering 
specialists. They were to identify opportunities for recreation 
and historic resources enhancement (Step 4 URA) and make management 
recommendations (Step 1 MFP). The team finished the Silver City 
Study Report in January 1973. 

To include local interests and building owners in the BLM 
planning process, a 20-person ad hoc committee was formed in 
February 1973. The committee's purpose was to assist the BLM in 



1-7 



reaching proper management decisions for Silver City during the 
MFP Step 2 formulation. Seven sessions were held between February 
and November of 1973. In April 1974, a public meeting was held at 
the Owyhee County Courthouse to explain the BLM position on Silver 
City and the committee function. The committee acknowledged that 
management of Silver City must protect historic values and archi- 
tecture, that commercialization should be prevented, visitors 
should be tolerated and accommodated to some degree, and certain 
public services, such as water and sewage, should be improved. 

The State Historic Society submitted a plan in April 1973. 
It envisioned a combined preservation and management effort between 
building owners, BLM, State Parks Department, a county historic 
zoning provision, and an architectural review board to authorize 
building repairs or modifications. 

During the same period that the committee meetings were held, 
the Silver City Taxpayers Association (about 90 percent of the 
Silver City building owners) , formulated their own plan. Meetings 
were held with the BLM and a draft plan was submitted in midsummer. 
After the plan was analyzed by the BLM, and certain changes 
recommended, a second draft was submitted in October 1974. On 
October 25, 1974, the committee was reconvened to review this 
final proposal. 

On March 26, 1975, the BLM held a public meeting in Murphy 
with the homeowners to discuss alternative means of legalizing 
their occupancy. The MFP was completed in 1975, and sent for 
approval to BLM Idaho State Director in August 1976. After 
considering public opinion and several management opportunities, 
the BLM recommendation was to lease, with stipulations to protect 
the buildings and archaeological resources, public lands to the 
building owners. 

Subsequent to the passage of FLPMA in 1976, the BLM updated 
the MFP to revise portions affected by repealed laws. Consequently, 
the following alternatives were dropped from consideration because 
FLPMA repealed their authority: (1) Small Tract Act, (2) Trustee 
Townsite (discussed in Chapter 8, Alternatives, as a special 
legislative alternative), and (3) Special Land Use Permit. 



INTERRELATIONSHIPS WITH OTHER FEDERAL, STATE 

AND LOCAL AGENCIES 



The Advisory Council on Historic Preservation 

The National Historic Preservation Act of 1966 created the 
Advisory Council on Historic Preservation, an independent agency 



1-i 



of the Executive Branch of the Federal Government, to advise the 
President and Congress on matters involving historic preservation. 
Section 106 of the Act requires federal agencies to give the 
Council a reasonable opportunity to comment on any federal action 
that may affect properties included in the National Register of 
Historic Places. 

This Act is implemented in cooperation with the State Historic 
Preservation Office (SHPO), who has the responsibility for admin- 
istering the National Register program within its jurisdiction, 
and the Idaho Historical Society. The SHPO has the following 
specific roles relative to the BLM cultural resource management 
program: (1) to review and comment on all National Register 
nominations; (2) to review and comment in regards to Section 106 
of the National Historic Preservation Act compliance requirements; 
and (3) to provide the BLM an opportunity to comment upon National 
Register nominations prepared by the SHPO for properties on Bureau- 
administered lands. 

The BLM, Boise District, has formally requested from the 
Advisory Council on Historic Preservation comments pursuant to the 
requirements under Section 106 of the National Historic Preservation 
Act of 1966. The comments of the Advisory Council will be obtained 
before the BLM makes any decisions that will affect the Silver 
City National Register property. 

National Park Service 

The National Park Service (NPS) inventoried Silver City in 
1958 as part of a national survey of historic sites and buildings. 
Silver City was surveyed to determine its historic value for 
possible listing as a National Historic Landmark. The NPS con- 
cluded that the old mining community was of local and regional 
importance but lacked national significance required for desig- 
nation as a National Historic Landmark, National Monument, or 
National Park. 

In 1972, Silver City was placed on the National Register of 
Historic Places, administered by the National Park Service, as 
part of a historic district. It must be noted that there is an 
important difference between a listing on the National Register 
and sites of national significance. The local and regional desig- 
nation of the historic district is considered appropriate by the 
National Park Service (USDI, 1978). 

State of Idaho 

Idaho State jurisdiction of Silver City has been considered 
from time to time. In 1968, the State and BLM discussed state 
management of Silver City for preserving, promoting, and restoring 
its historic values. Although the Idaho Historical Society pro- 
posed to develop a preservation plan to provide for title or lease 



1-9 



under the authority of the Historic Monument Act (Federal Property 
and Administrative Services Act of 1949, 63 Stat. 377, as amended), 
Federal Regulations (41 CFR, Chapter 101) exclude public domain or 
public lands, suitable for disposition under the public land 
mining laws, from disposal as surplus real property. Since specific 
legislation would be necessary to adopt this program, it is not 
being considered. Again in 1973, a meeting between the BLM and 
the Idaho State Parks Department was held to explore management 
transfer to the State. However, the State would not consider 
taking over administration responsibilities. 

Owyhee County 

On August 2, 1975, the Owyhee County Commissioners passed an 
ordinance for preservation of historic properties in Silver City. 
The Silver City Area Zoning Ordinance became effective on August 14, 
1975. 

The purpose of the ordinance is to promote the historic, 
educational, cultural, economic, and general welfare of the people 
through preservation, restoration, and protection of the buildings, 
structures and appurtenances, sites, places, and elements of 
historic interest within the area of Silver City. 

The Owyhee County Commissioners have created a Historic 
Advisory Committee to advise the commissioners on historic matters 
within Owyhee County. Members to the committee were appointed on 
May 9, 1977. 

The proposed action does not relieve the building owners from 
complying with the requirements of the ordinance (see Appendix B) . 
Implementation of the proposed leasing action would result in a 
duplicate review process for the homeowners of Silver City. The 
homeowners must comply with the terms of the lease and the terms 
of the Silver City Area Zoning Ordinance, unless the ordinance is 
repealed by Owyhee County. 



1-10 



Chapter 2 

Description of the Environment 




GENERAL STORE 



INTRODUCTION 



General 

Silver City lies in the Owyhee Mountain Range of southwestern 
Idaho. The town is located in Owyhee County, and is approximately 
50 miles southwest of Idaho's State Capital, Boise, and about 26 
miles south of Murphy, the Owyhee County Seat. 

State Highway 78 and US Highway 95 provide two-lane, year- 
round access to the area. Two county roads, unpaved, rough, 
winding, and steep in some spots, provide vehicular access into 
Silver City from these highways. The trip from State Highway 78 
near Murphy to Silver City is about 26 miles, and the route starting 
from US Highway 95 just north of Jordan Valley, Oregon, is about 
30 miles (see Chapter 1 Vicinity Map) . The latter route has been 
recently improved as far as DeLamar to service a new mine on 
DeLamar Mountain. Owyhee County maintains these dirt roads. 

Winter snows close the dirt roads into Silver City from four 
to six months each year, (Leonard, May 1978). Access into town 
during this period is by snowmobiles, cross-country skis, and 
snowsleds. Melting snow in the spring can delay vehicle travel by 
creating muddy conditions and washed out sections along the road. 

Silver City is situated in a high (6,100), scenic mountain 
valley. The topography slopes gently upward for approximately 
one-quarter mile on the east and west, then sweeps upward more 
steeply to War Eagle Mountain (8,051) on the east and Florida 
Mountain (7,784) on the west. The major drainages of the area are 
Long Gulch which drains from the southeast and Jordan Creek which 
passes through Silver City (see Map 2-1). It is mainly in the 
modest opening in the mountains afforded by this juncture that the 
town has been built. Jordan Creek loses elevation at about 100 
feet to the mile in this vicinity. 

Climate in the Silver City area is characterized by four 
distinct seasons. Summers are very pleasant and cooler than 
temperatures in the nearby Snake River Valley. The average annual 
precipitation is about 23 inches, falling mostly as snow. The 
snow season runs from 100 to 140 days above the 5,500-foot level. 
Some rainfall occurs during the summer months in the form of 
afternoon thundershowers . The average maximum temperatures in 
Silver City are 78° in July and 36° in January, with the average 
minimum temperatures at 43° in July and 13° in January. Wind 
velocities of up to 50 mph have been reported in the winter. 



2-1 



R4W 



R3W 




2 MILES 



-i t- 



SCALE IN MILES 

TOPOGRAPHY 
MAP 2-1 



T 
4 
S 



I 



2-2 



According to the Supervisor of the Air Quality Section, 
Division of Environment, Idaho State Department of Health, the air 
quality of the Silver City area presently meets all applicable air 
quality standards. The area is so situated that air drainage is 
good and is at an elevation above the stagnant air that sometimes 
lies in the adjacent valleys. There are no nearby air pollution 
sources large enough to cause noticeable pollution, except for 
range and forest fires which do cause occasional smokey conditions 
locally or regionally. 

Historic Setting and Significance 

The general area of Silver City had a prehistoric occupation 
which probably existed for as long as 10,000 or more years. At 
this time, relatively little is known concerning these aboriginal 
American cultures. 

European historic contact was made in the Owyhee Country 
sometime in the early 19th Century. Early historic discoveries 
were made by fur trappers. "Several trappers went to work in the 
general neighborhood at least as early as 1812, and a temporary 
fur trade post was established on the Snake River opposite the 
mouth of the Owyhee for use during the winter of 1813-1814" (Idaho 
State Historical Society, 1970:12 8). 

Fur trapping continued to abound in the area for some years 
later. The name "Owyhee" is an earlier spelling of a word that 
missionaries later spelled "Hawaii" when they devised an alphabet 
for the islands. Since then, the area has been known as the 
Owyhee Country (Ibid:128). 

The entire Northwest had started to become populated in the 
early 1800s, and many fur trapping parties made their way into 
Idaho from the East and Northwest. Great Britain held claim over 
what was known as the Oregon Country in the early 1800s. In June 
of 1846, the United States and Great Britain, in order to help 
clarify and to avoid disputes about boundary claims, entered into 
a treaty. The Treaty with Great Britain, June 15, 1846, estab- 
lishes the 49th parallel of north latitude as the boundary line 
between the U.S. and British possessions west of the Rocky, or 
Stone, Mountains (Minot, Ed., 1851:869). "The Oregon Country was 
divided at the 49th parallel except that the southern tip of 
Vancouver Island was retained by the British. The settlement of 
the Oregon question added 180,644,480 acres to the public lands of 
the United States" (Gates, Paul, History of Public Land Law 
Development 1968:84). The Oregon Compromise included the present 
states of Washington, Oregon, Idaho and western parts of Montana 
and Wyoming (Department of Interior, Historical Highlights of 
Public Land Management 1962:22). 



2-3 



The 1840s witnessed an increase of newcomers in the territory. 
In 1843 both the Oregon and California Trails had heavy wagon 
traffic through Idaho headed for their respective destinations. 
Some scraps with the local Indians slowed emigration into the 
area. However, much of the Oregon Trail through Idaho continued 
in use as a stage and freight route, as well as an emigrant road, 
until sometime after 1862 (Idaho State Historical Society, State 
Historical Preservation Plan: Idaho, 1974:26). 

The 1850s traffic over the California Trail included many 
thousands of miners headed west in the big gold rush. A decade or 
so later, many of these miners began prospecting in Idaho. Gold 
was known in several parts of Idaho before 1860, but before G. D. 
Pierce, disguised as an Indian trader, prospected (illegally) on 
an Indian reservation and found gold, no one had seriously considered 
Idaho's mineral possibilities (Ibid: 26-27). 

According to legend, a group of emigrants headed for Oregon 
had stopped their wagon train by a stream and some children picked 
gold nuggets out of the stream bed. It was not until several 
years later that the true value of the nuggets was realized, and 
by that time, the exact location was not clear. The discovery was 
placed as anywhere from Catherine Creek in Owyhee Country, Idaho, 
to Canyon Creek in Oregon (Adams, Mildretta, Historic Silver City 
1969:3). 

By 1862 gold in the Boise Basin had begun to change south- 
western Idaho. Many mining communities, including Pioneerville, 
Idaho City, and Placerville were established in 1862. Many miners 
were attracted to the Boise Basin and expansion from the Basin to 
other sections of the surrounding country began in early 1863. 

On May 18, 1863, Michael Jordan and his party of some 29 
prospectors from Placerville began to work the Owyhee Country 
south of the Snake River (Ibid: 4). There, in the Owyhee Mountains, 
they panned a promising amount of gold from a stream that was 
later to carry the name of their leader (Johnson, Lonnie, An 
Historic Conservation Program: Silver City, Idaho, 1975:1). 
"After working up the stream a few days, they returned to Boise 
Basin with news that set off the Owyhee Gold Rush" (Idaho State 
Historical Society, Idaho State Historic Preservation Plan and 
Sites Survey, 1970:129). This strike saw some 2,500 on their way 
up the Owyhee Mountains from Boise Basin. Towns began to be 
established, one at a time. The first, Booneville, where Dewey is 
now located, was in a canyon too narrow for expansion and so Ruby 
City sprang up, but also had expansion problems. 

Although Ruby City was the Owyhee County Seat in 1864, there 
was not enough room to grow and "what few development lots were 
available sold for exorbitant prices. In protest, Silver City was 
born one-half mile up the canyon. The comptetition (sic) between 



2-4 



the two towns became intense as they fought for supremacy. Silver 
City had two advantages over Ruby City. First, it was located 
near the larger mines, and second, it was nestled between War 
Eagle Mountain and Florida Mountains which protected it from the 
violent winds that plagued Ruby City. Slowly, the population 
shifted to Silver City, and one-by-one the businesses followed" 
(Johnson, 1975:1). Silver City became the major town of the 
Owyhee Country, and, in fact, was the Owyhee County Seat from 1867 
to 1934. It was the first Idaho city to have telegraph service 
and a daily newspaper, the Owyhee Avalanche, and it was one of the 
first towns to have full electrical service (McCroskey, William B. , 

An Architectural Survey of Silver City, 1977). Silver City 

"was noted for its sobriety and its Sunday School" (Idaho State 
Historical Society, 1974:32). 

Silver City experienced two stages of growth. The first 
began with the discoveries and lasted until the mid-1 870s when 
outside financial failure caused the mines to first close; the 
second was from the early 1890s until the 1920s, with the majority 
of the wealth having been taken by about 1912 or so. The historic 
period of the town represents the temporal span of about 50 years, 
from 1865 to around 1910 (Hart, 1977: Personal Communication). 

The first period of growth began late in 1863. It has been 
estimated by the National Park Service (NPS, 1964:1) that a mining 
camp of about 250 men spent the winter of 1863-64 there, living in 
frame shacks. Silver City's rapid growth is indicated by the fact 
that approximately 3,000 inhabitants were there in 1866. 

One of the earliest known photographs was taken in May of 
1866 (Figure 2-1), "and indicates the new and growing community. 
The two-story building with the building materials (probably 
bundles of shingles) on the roof is reputed to be the photo gallery 
of Leslie and Co." (McCroskey, 1977). 

A lithograph (Figure 2-2), printed in 1866, is an artist's 
concept of Silver City. Note that the borders of the lithograph 
are decorated with drawings of local buildings and mills (McCroskey, 
1977). 

In 1871 Silver City's business district is thought to have 
included at least ten general stores, four hotels, six saloons, 
one brewery, two furniture and cabinet makers, two meat markets, 
two stationery stores, two music stores, one stove and tin shop, 
two assay offices, one notary public, four lawyers, one doctor, a 
drug store, a stable, a photo shop, a Wells-Fargo Bank, one laundry, 
a shoe shop, a bakery, and a jewelry store. There were also two 
schools and two churches (Department of Interior, Prospector, 
Cowhand, and Sodbuster, 1967:1). 



2-5 




FIGURE 2-1. Silver City, May 1866. 

Courtesy of Idaho Historical Society. 



JWfyrfra 

|,|.|J1 pj.jPj m 




MMgrnaCTrdpii ¥fa -*h W 



wiw^wm^^m 



i .., 



11 




O"WTrX3:iJ30.K.X. 



FIGURE 2-2. Lithograph. Artist's view of Silver 
City ca 1866. Courtesy of Idaho 
Historical Society. 



2-6 



Although most of the buildings were not constructed in a 
permanent manner, some were, such as the masonry structure known 
as the Granite Block. "The Granite Block, with some maintenance, 
would probably be standing today, but this building was sold to 
the county for salvage during the Second World War" (McCroskey, 
1977). 

As community growth slowed in the 1870s due to financial 
problems, "Silver City was, indeed, almost a ghost town" (Ibid, 
1977). A photograph taken in the 1880s (Figure 2-3) shows the 
"Queen" during a quieter, more permanent existence. 

Large scale mining resumed after 1884, and continued until 
1912. To quote Statham (May, 1978): "Silver City's greatest boom 
was during the mid 1890's when, during one summer, 80 new buildings 
were erected. This period also accounts for the greater part of 
silver production in the Owyhee mines. 

The first decline of Silver City in the 1870s instilled a 
pessimism in the residents during the renaissance of the community 
in the 1890s (see Figure 2-4). Never again was a building erected 
in the town which was really meant to last a lifetime. The wood 
framing system of construction enjoyed a dominance of community 
construction techniques. Foundation systems were almost always 
mortarless granite block and rubble with a wood sill placed on the 
stone and the walls erected directly on this sill. In many 
cases, the flooring was laid on nailers which were placed in 
direct contact with the earth, and floor structures were not often 
tied into or connected to the wall stucture (Ibid, 1977). 

The earliest site plan found indicates the locations of almost 
all the buildings and certainly, all the buildings within the city 
core of Silver City in June of 1903 (see Map 2-2). In this statement 
most of the historical site plan data is from Sanborn maps, physical 
evidence found during site investigation, historic photographs, 
county records, newspaper accounts of buildings in the community, 
and information from the files of the Idaho Surveying and Rating 
Bureau, Inc. Some of the buildings that did exist on the outskirts 
of the community do not now appear on the obviously cropped Sanborn 
Map of 1903 (Ibid, 1977). A photograph (Figure 2-5) now provides 
a view taken from a nearby mountain at about the time of the 
earliest plat. 

Later site plans of 1931 and 1951 (Maps 2-3 and 2-4 respec- 
tively) provide map information and "are graphic illustrations of 
the known buildings in the community" (Ibid, 1977). Note how 
these site plats show the reduction in the numbers of structures 
through time. Further comparison can be made by relating any or 
all of the above-mentioned plats to the most recent 1977 map which 
was produced from an aerial photograph taken in 1977 (Map 2-7). 



2-7 




FIGURE 2-3. View northward across Silver City ca 
1880' s. Courtesy of Idaho Historical 
Society. 




FIGURE 2-4. Looking toward Long Gulch Creek. Taken 
September 5, 1896. Courtesy of Idaho 
Historical Society. 




FIGURE 



L-0 . 



A view of the "Queen" taken from a 
nearby mountain in November, 1906. 



2-9 




MAP N 0. 2 - 2 



2-10 




2-11 




Approximate location of privately 
owned buildings in 195! 



SILVER CITY 1951 



I© 



MAP NO. 2-4 



2-12 



<ma^amaaawa^mm 



By using the historic site plans, a generally accurate assess- 
ment of how the numbers of major structures have changed over the 
115 some odd years Silver City has existed can be made. These 
numbers are shown in a graph (Figure 2-6) for clarity. Note the 
rapid buildup of structures during the two main stages of development 
and the steady decline after about 1915. 

During the first period of growth, approximately 170 major 
structures (small out-buildings and "earth closets" excluded) were 
constructed. The largest number of structures, about 215, was 
attained during the second growth period. By using the historic 
site plans, it was estimated that the numbers of remaining buildings 
in existence were 120 in 1931 and 80 in 1951. By 1977, this 
number had declined to 70. 

These figures show that Silver City was "a sizable community, 

still, into the 20th century but, then, she began to falter 

and her population diminished and her buildings were indeed biode- 
gradable" (Ibid, 1977). Not only did the town and buildings 
diminish from the effects of time but, also, from man. Many 
structures were torn down and used for salvage (i.e., the Granite 
Block during WW II) and others were undoubtedly vandalized. The 
rate of decline has slowed since the early 1950s. It was about 
that time that a renewed interest in Silver City began. 

After the mining had all but stopped in the late 1920s, most 
of the remaining people and businesses moved out. There was, 
however, a store (Leonard's General Store) which remained open 
during the summers until 1970 (Leonard, May 1978). Many of the 
buildings deteriorated into ruin, but some of them were kept up 
and used on a seasonal basis (Wells, 1977). The last old-time 
permanent resident, Willie Hawes, died on February 19, 1968. 
"Hawes was for years the self-appointed guardian of Silver City, 
adding to the color of the proud, old camp with lively tales of 
its boom town days" (Hanley, M. and E. Lucia, The West's Forgotten 
Corner, 1973:230). 

In the last 15 years or so, interest in Silver City has 
dramatically increased. Silver City was studied by the National 
Park Service as long ago as 195 8 as part of their National Survey 
of Historic Sites and Buildings. The essence of the National 
Survey findings is reported in Prospector, Cowhand, and Sodbuster , 
published by the National Park Service in 1967. As a result of 
the National Park Service study, Silver City was classified as 
having regional and State significance. 

In 1971, Dr. Merle Wells, State of Idaho Historic Preservation 
Officer, nominated a 10,240-acre area around Silver City to be 
included in the National Register of Historic Places as an Historic 
District (see Map 2-5). The Historic District was placed on the 
National Register on May 19, 197 2, as indicated by the National 



2-13 



300 














250 










■ 




8? 200 














OF BUILDIN( 
O 














NUMBER 
o o 














1 



























1880 1900 



1920 
YEARS 



1940 



I960 1980 



GROWTH AND DECLINE OF NUMBER OF 
BUILDINGS IN SILVER CITY 



FIGURE 2-6 



2-14 




SILVER CITY HISTORIC DISTRICT 



MAP 2-5 



2-15 



Register of Historic Places, dated February 1, 1977. No other 
nominations were within the geographic area of the District. 

Today, Silver City has two buildings being used as year-round 
residences and 68 buildings are occupied for various lengths of 
time as summer retreats. Most of the present day users are descen- 
dents of earlier residents of Silver City of the Owyhee Country 
(Leonard, May 1978). 

Currently, there is no known active mining and production 
within Silver City. However, occasional assessment or exploratory 
work is being done on unpatented claims in the area. The town 
receives between 10,000 to 30,000 visitors annually. 

The following photographs showing some of the buildings of 
Silver City are from various dates. All are courtesy of the Idaho 
Historical Society. Note the clarity of the photo of the Idaho 
Hotel taken in July of 1867. 




FIGURE 2-7. Idaho Hotel - July 1867, Block 4, Lots 
78, 79, and 80. This building still 
exists today. See Figure 2-29. 



2-16 




FIGURE 2-8. No date. From left to right, Grete 
Dwelling (Block 1, Lot 11), and 
Grete Dwelling (Block 1, Lot 12). 



; 




* 



FIGURE 2-9. 



ca 1900. From left to right, Silver 
Slipper Saloon (Block 1, Lot 25), 
Getchell Drug Store (Block 1, Lot 24), 
and Granite Block (Block 1, Lots 22 
and 23). 



2-17 




FIGURE 2-10. No date. A view of Washington Street. 
Note electric wires and poles. 




FIGURE 2-11. 



1890's. A typical dwelling. Thought 
to be the Bowen Residence. 



2-18 






I 

in 



mm 



u ■ 

11 I 

I 



■ 
■ 

■ 




I 



FIGURE 2-12. ca 1958. Catholic Church (Block 11, 
Lot 59). Note addition of new roof. 



I 
I 

I 

IH ! 

I 



i : ; 






■ 




FIGURE 2-13. Stoddard House (Block 5, Lot 9). A 

unique detailed home in comparison with 
others in the community. 



2-19 




FIGURE 2-14. Masonic Hall (Block 4, Lot 74 1/2). 

This building was first constructed as 
a planing mill . 



DESCRIPTION OF THE SILVER CITY STUDY AREA 



The Silver City Environmental Statement (ES) study area is a 
160-acre tract of land that encompasses Silver City, Idaho. It is 
described as T. 5 S., R. 3 W., sec. 6, S^NE^SE^, Boise Meridian, 
within Owyhee County (see Map 2-6). The study area was defined 
for the purpose of describing the environmental setting in which 
both direct and indirect impacts may occur as a result of implementing 
the proposed action or one of the alternatives. 

Within the study area there are 140.90 acres of public land 
managed by the BLM and 19.10 acres of private land. The private 
land consists of one mill site patent and portions of two patented 
mining claims. 

The following sections describe the Silver City ES study area 
as it exists today. Emphasis has been placed on those items most 
likely to be impacted by the proposed action or the alternatives. 



2-20 



T5S R3W 
SiNE^ ,N^SE^ ,Sec.6 




330 



660 



SCALE IN FEET 



SILVER CITY ES STUDY AREA 
MAP 2-6 



2-21 



Cultural Resource 

Historic Buildings . There are 70 buildings on public land in 
Silver City (see Map 2-7) or about 30 percent of the buildings 
Silver City once had. The buildings are used basically as summer 
residences, although there are three known permanent residents. 
Appendix C provides historical information on each existing building. 

Of the 70 buildings present, at least five are of a non- 
historic nature (Figure 2-15). Of the remaining historic structures, 
27 or 44 percent are considered to be of high, or primary, historic 
significance, i.e., buildings that are independently eligible for 
the National Register. Table 2-1 lists the structures thought to 
be of primary historic significance. The 34 buildings left (56 
percent) are of secondary importance, that is, buildings that 
collectively are eligible for the National Register (see Map 2-8). 
The historical significance was determined by a general consensus 
of McCroskey, 1977, and the Idaho State Historical Society, 1977. 




FIGURE 2-15. 



Pre-built dwelling (Block 1, Lot 25%) 
Date of construciton ca 1970. 



2-22 




2-23 



TABLE 2-1 
TABLE OF PRIMARY (HISTORICALLY SIGNIFICANT) STRUCTURES 



Block 
No. 


Lot 

No. 


Date of 
Construction 


Purpose of Construction 
and/or Historic Period Use 


Present 

Use 


1 


11 


ca 1866 


Dwelling 


Seasonal Dwelling 




12 


1873 


Dwelling 


Seasonal Dwelling 




16 


1870 


Store 


Occasional IOOF 
Lodge Use 




24 


1873 


Drug Store and 
Post Office 


Seasonal Dwelling 




25 


1899 


Confectionary 


Occasional Shop 


2 


11 & 12 


1894 


Hotel Annex 


Seasonal Dwelling 




13 


1873 


Avalanche Office 


Seasonal Dwelling 




31 


1870s 


(Lippencott Building) 
Dr.'s Office & Dwelling 


Seasonal Dwelling 




nh 


1896 


Pharmacy 


Seasonal Dwelling 


3 


84* 


1865 


Barber Shop and 
Bath House 


Seasonal Dwelling 




85 & 86 


1865 


General Store 
and Dwelling 


Seasonal Dwelling 




87 


1865 


Butcher Shop 


Seasonal Dwelling 


4 


67 


1869 


Saloon 


Seasonal Dwelling 




68 


1869 


Assay Office 


Seasonal Dwelling 




74I5 


1869 


(Masonic Temple) 
Planning Mill 


Occasional Hall Use 




75 


1867 


Hardware Store 


Seasonal Dwelling 




76 


1867 


General Store 


Seasonal Dwelling 




78, 79, 
& 80 ** 


1865 & 66 


(Idaho Hotel) 
Hotel 


Full-time Dwelling 
and Business 




81 


1890 


Hotel Rooms 


Seasonal Dwelling 




84 


1875 


Dwelling 


Seasonal Dwelling 


5 


4 


1892 


School 


Museum 




9 


1870 


(Stoddard Mansion) 
Dwelling 


Seasonal Dwelling 


7 


31 


1867 


Ice House 


Dwelling - Storage 


11 


55 *** 


1864 


Dwelling **** 


Seasonal Dwelling 




59 


1897 


Church 


Occasional Church 
Use 



(McCroskey, 1977) 

* A not too common occurrence of a Black American business in early 

Western times (Johnson, 1975:17). 
** This hotel was built in Ruby City and moved in three parts by ox team 

to Silver City (NPS, 1964). 
*** This building is constructed of wood siding over adobe brick 

(McCroskey, 1977). 
**** Miners' Union Hospital from 1897-1899 



2-24 




LEGEND 

Major historic buildings 
Supportive historic buildings 
Non-historic buildings 



2-25 



The following photography shows buildings of great historic 
importance. They were taken during the summer of 1977. 




■ ■ 



FIGURE 2-16. Dwelling (Block 1, Lot 11), Silver 
City, 1977, Map 2-7. 



2-26 




FIGURE 2-17. Grete dwelling (Block 1, Lot 12), 

Silver City, 1977 Map 2-7. Building 
is used as a dwelling today. 




FIGURE 2-18. 



IOOF Building (Block 1, Lot 16) 
Silver City Map 2-7. 



See 



2-27 




FIGURE 2-19. 



Silver Slipper Saloon on left (Block 1. 

Lot 25); Getchell Drug (Block 1, Lot 

24) on right- Both buildings are used 
as dwellings. 




FIGURE 2-20. Idaho Hotel Annex (Block 2 5 Lot 11), 
Building used as a dwelling today. 



2-28 




FIGURE 2-21 . 



Old Avalanche and County Offices 
(Block 2, Lot 13). Present use is 
seasonal dwelling. 




FIGURE 2-22. 



Old Telephone Office (Block 2, 

Lot 31 1/2). 



2-29 




FIGURE 2-23. Old Lippincott Building (Block 2 9 
Lot 31). Present use is dwelling. 




FIGURE 2-24. Hawes Bazaar in center (Block 3, Lot 
85). Barber Shop on right. Both 
buildings are used as dwellings. 



2-30 












■ 







FIGURE 2-25. Old butcher shop (Block 3, Lot 87) on 
left, and old souvenir shop (Block 3, 
Lot 86) on right. Present use is 
seasonal dwell tag. 




-.• 



FIGURE 2-26. Old furniture store (Block 3, Lot 91). 



2-31 




.1 ■:'■ -.: ■■ ■ ■■:■■■■■■■■■■:.■■ ■■ : ■ . 



FIGURE 2-27. Masonic Temple (Block 4, Lot 74 1/2), 




FIGURE 2-28. Old General Store on left (Block 4, 

Lot 76); old Owyhee Avalanche on right 
(Block 1, Lot 75). Both buildings are 
used as dwellings. 



2-32 




FIGURE 2-29. Idaho Hotel (Block 4, Lots 78 - 80), 
Present use is a dwell inq and cafe. 




FIGURE 2-30. Old Hotel Annex (Block 4, Lot 81), 
Present use is dwelling. 



2-33 




FIGURE 2-31. School House (Block 5, Lot 4). Used 
as a museum today. 







FIGURE 2-32. Stoddard House (Block 5, Lot 9). 
Present use is seasonal dwelling. 



2-34 



;,;! 



. .......... :: .. : . 




FIGURE 2-33. 



Old Ice Building (Block 7, Lot 31). 
This building is attached to the 
building next door (Block 7, Lot 32) 




FIGURE 2-34. Old Miners' Hospital (Block 11, Lot 55) 
Present use is dwelling. 



2-35 




FIGURE 2-35. Catholic Church (Block 11, Lot 59). 



Historic Preservation Funds . Although there are federal 
funds such as Grants-in-Aid available for historic preservation of 
properties listed on the National Register, there have been no 
known federal funds of any type spent on the buildings of Silver 
City (Wells, 1977). However, the National Trust for Historic 
Preservation, a private, non-profit corporation chartered by 
Congress to aid public participation in historic preservation, has 
funded two Silver City projects. The building owners have pro- 
vided the principal source of funds used for historic preservation 
of Silver City. 

Alteration of Historic Buildings . Four major events have 
contributed to the appearance of Silver City. They are (1) removal 
of buildings for use elsewhere, (2) snow damage, (3) fire, and (4) 
vandalism (Statham May, 1978). 

As a result of the home owners efforts to save their homes, 
almost all buildings in Silver City have been changed or reconstructed 
in some manner. Although they may not be readily apparent, many 



2-36 



of these changes have extended the life of the greater portion of 
the buildings. According to McCroskey (1977), "it is certainly 
realistic to conclude that Silver City would be more a memory than 
a reality today, if it had not been for the upkeep done by the 
building owners." 

Mr Clarence M. Orton, Jr. states in his May 23, 1978 letter 
that, "if the home owners would have ignored Silver City for all 
these years as the BLM and other interest groups have, there would 
be nothing left to talk about now. The only reason we homeowners 
have not spent more money on preserving our homes and improving 
sewage disposal and water systems is because of the uncertainty 
and insecureness of our land tenure. There are, however, many 
homeowners who have already put thousands of dollars in materials 
and labor into their buildings in order to keep them standing." 

An example of the repair work done by the homeowners was best 
expressed by Mrs. Wilma Statham during her testimony at the May 25, 
1978 public hearing. She states that "... In the early 1950's, 
repair work was begun on the church which now belongs to the 
Catholic diocese. The tinder dry, weathered and loose siding was 
treated and preserved with 50 gallons of oil and 55 gallons of 
aluminum paint as well as re-roofing, so the interior of the 
church was protected by the new roof and further water damage was 
halted. A number of years later it was painted white and stands 
as a silent sentinel overlooking Silver City." 

Many of these changes have resulted in alterations to the 
exterior that are not historically accurate. During the 1977 
architectural survey, exterior alterations and material that were 
not in keeping with the original construction were identified 
(McCroskey, 1977). 

Fifty-nine of the 70 building were altered or reconstructed 
in such a manner that they were not in keeping with the original 
construction. One hundred and two readily apparent exterior 
alterations have been identified. These intrusions have been 
classified as: (1) roof alterations; (2) new buildings or major 
additions; (3) intrusive siding, windows, block chimney, and 
porches; and/or (4) toilets, propane tanks, and generators. An 
example of each of the four categories of intrusive alterations is 
shown in Figures 2-3 7 through 2-41. 

Historic Archaeology . Silver City is, in itself, a historic 
archaeological site. The Smithsonian site number which represents 
the area is 10 OE 1168 (Sprague, Roderick, Historical Archaeol- 
ogical Testing at Silver City, 1977:2). 

During the summer of 1977, Dr. Roderick Sprague, Historic 
Archaeologist from the University of Idaho at Moscow, assessed the 
historic archaeology of the Silver City study area. A careful 



2-37 




FIGURE 2-36. This building (Block 5, Lot Bh) depicts 
the following intrusions: galvanized 
roof, cement block chimney, altered 
roof gable with unmatched siding and an 
intrusive cement block addition to the 
original structure. 




FIGURE 2-37. A cement block chimney intrusion on 
this building (Block 2, Lot 31). 



2-38 




FIGURE 2-38. This house, a prefabricated 
structure, was placed on a 
mortared rubble foundation 
of undetermined date. It 
was placed on the foundation 
in 1970 (Block 1, Lot 25H) 
and has no historic archi- 
tectural qualities. 



FIGURE 2-39. 

An example of a propane 
tank intrusion behind 
the Idaho Hotel (Block 4, 
Lots 78, 79, and 80). 




~.~- : 



2-39 




FIGURE 2-40. 

These two photos represent an 
intrusive addition (Block 1, 
Lot 43) and outhouse structure. 




2-40 



surface survey was made to determine the archaeological resource 
of Silver City. Of 260 lots surveyed, 90 lots or 34.5 percent 
indicated potential high archaeological value, 164 lots or 63 
percent had less potential value, and the remaining six lots or 
2.5 percent could not be evaluated. Appendix D presents the 
methodology used in assessing the archaeological resource. 

In summary, Dr. Sprague's historical archaeological assessment 
indicates that Silver City has, in spite of extensive destruction 
and modification, a very high potential for the recovery of 
scientific and interpretive data. 

The archaeological resource of Silver City is suffering from 
three major effects: (1) amateur archaeological and bottle- 
collecting activity; (2) extensive parking, camping, and pic- 
nicking activity; and (3) excavation in connection with the main- 
tenance and repair of existing structures (Sprague, 1977). In 
addition, the archaeological resource suffered the following 
impacts: (1) use of materials from ruins by the building owners 
for maintenance and repair of their existing structures; (2) use 
of materials from ruins by the building owners to build new struc- 
tures; and (3) deterioration of the fragile archaeological resource 
and buildings by continued use. The exact degree of each of these 
impacts is unknown. Collectively these activities are known to 
damage, often irreparably, the archaeological resource of Silver 
City. However, credit must be given to the home owners for their 
efforts to protect Silver City. In 1968, the Silver City Taxpayers 
Association hired a watchman to protect the city from vandals. 
According to William Statham (June, 1978), who is a professional 
archaeologist and home owner, destructive "bottle digging" has 
been Virtually eliminated through the efforts of the home owners 
without outside assistance. This action has helped protect the 
archaeological resource. 

Prehistoric Archaeology . There are no known prehistoric 
archaeological sites within the study area (Green, Tom, Idaho 
State Archaeologist, Personal Communication, 1977). 

Paleontology . There are no known paleontological sites 

within the study area. 

Land Use 

Grazing. The Silver City study area is within a large grazing 
allotment used in common by the J. H. Nettleton and the Joyce 
Livestock Company. Approximately 6,000 animal unit months (AUMs) 
are allowed for the entire allotment of 43,395 acres which includes 
Silver City. Grazing use occurs between June 1 and November 1 in 
the vicinity of Silver City. The allotment is grazed by cows and 
calves, and the carrying capacity is about ten acres per animal 
unit month. There is no allotment management plan for the area. 



2-41 



With deductions to account for that area occupied by buildings, 
roads, etc., there would be about ten AUMs of forage within the 
study area. 

Mning_. Placer gold was discovered in the Owyhee Mountains in 
1863. The stream beds of Jordan Creek and its principal tributaries 
near Silver City were worked-out by successive placer mining 
operations in a few years. About the time placer gold was gone, 
rich lodes carrying high values in silver and gold were discovered, 
first on War Eagle Mountain, then on Florida Mountain. The lode 
veins were quite well defined and relatively easy to find and 
follow underground. The ore near the surface was exceedingly rich 
in most mines but diminished rapidly as the depth below the 
surface increased. One by one, lode mines played out when the 
enriched ore near the surface was gone. Essentially all profit- 
able mining activity came to a stop during the 1920s. 

In 1973, the BLM evaluated the mineral resource potential for 
Silver City. It was concluded that the mineral values have been 
mined out and that there is little or no potential for new discoveries 
(U.S. Department of the Interior Mineral Report, 1973). 

On August 24, 1974, a proposal by the BLM to withdraw 522.67 
acres of public lands, including Silver City and surrounding 
lands, was officially filed (Case No. 1-8856). Withdrawal from 
mineral location and entry under the mining laws was proposed. 
The purpose was to protect the scenic, historic, watershed, wild- 
life, and recreation resources of the old mining towns of Silver 
City and Ruby City from potentially detrimental (mining) activity. 
No further action has been taken by the Bureau in the processing 
of the proposal. By regulation, the withdrawal went into affect 
as of the date of filing, but the withdrawal had no effect on 
existing claims, and has no specified time limit. However, the 
Federal Land Policy and Management Act of 1976 provides that such 
proposals as this must be processed and adjudicated to conclusion 
within 15 years after October 21, 1976. 

Mining Claims . Most of the buildings at Silver City are on 
unpatented mining claims (see Map 2-9) . The unpatented claims are 
lode claims with the exception of the Holy Terror and Holy Terror 
No. 1, which are placer claims. Lode claims are usually rectan- 
gular and can be up to 1,500 feet long and 600 feet wide, whereas 
placer claims are restricted only by maximum permissible acreage, 
depending on the number of persons who join together to make the 
location. 

Only the Home Lode has been officially surveyed and has the 
designation "Mineral Survey No. 1577." According to the BLM land 
records, the Home Lode M.S. No. 15 77 was located on July 23, 1885, 
by F. M. St. Clair and F. T. Douglas, and was described as being 
bounded on the north by the Morning Star and on the south by the 



2-42 



T5S R3W 
S{ NE^ ,N^SE^ ,Sec.6 




o 



330 



660 

=1= 



990 



SCALE IN FEET 



MINING 



;| Patented Mining Claims 
■ Surveyed Mining Claims 

Unsurveyed Mining Claims 



MAP 2-9 

2-43 



Potosi and "runs under the Idaho Hotel." When surveyed in 1900, 
application was rejected in January 1913, for "lackes", i.e., 
failure to diligently comply with requirements for submitting 
proofs. The record shows that sometime after the application was 
filed, the interest of David Adams devolved upon Green Adams. The 
present Home claim appears to be a relocation in 1923 by W. J. 
Stoddard, predecessor in interest to the present owners. 

Other than the Home Lode M.S. 15 77, the relative positions of 
the unpatented claims, as shown on the mining claim map, have been 
plotted from either narrative descriptions or location notices and 
other information which was sometimes augmented by old, unofficial 
maps . 

The following table provides information from the official 
records of Owyhee County with respect to known, actively held 
unpatented mining claims located within the study area: 



Claim 
Home Lode 

Home Fraction Lode 
Roosevelt Lode 
Mary Ann Lode 
Belle Stoddard Lode 
Marjorie Lode 
West Star Lode 
Florence Lode 



Locators 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Wm. J. Stoddard, et al. 
Lorenzo Pedracini, et al. 



2/Teg Lodes 1-258; 300-303 Silver Enterprise Mining 

Corp. 

Holy Terror Placer W. A. Lewis 

Holy Terror No.l Placer W. A. 4 Emily B. Lewis 



Recent Notices of 

Annual Assessment 

Work Filed By: 

Philip Cramer 1/ 

Philip Cramer 

Philip Cramer 

Philip Cramer 

Philip Cramer 

Philip Cramer 

Philip Cramer 

Bill Hansen \J , et ux 

Silver Enterprise 
Mining Corp. 

H. R. Statham \J , et al. 

H. R. Statham, et al. 



J_/Philip Cramer, Bill Hanson, and H. R. Statham are the only building 
owners who have mining claims within Silver City. Philip Cramer's 
and Bill Hanson's homes are located on their respective unpatented 
claims. 

2/ Not shown on Map 2-2 since this is a very large group of claims, 
apparently overlapping all the other claims and the entire area of 
the statement. The configuration is not determined. 



2-44 



The only patented claim within Silver City is the five acre 
Tip Top Mill Site, M.S. 1303B shown on Map 2-3. There are three 
owners, one of whom has a two-story residence, a garage, and 
storage building. The tract was the site of the Lincoln Mill of 
which only the foundation remains. The Idaho Power Company formerly 
used a portion of the site for a power substation. 

Recreation . The Idaho State Comprehensive Outdoor Recreation Plan 
(SCORP) identifies Silver City as a significant national recrea- 
tion resource requiring special protection. It suggests that BLM 
set aside this resource and manage it primarily for resource 
protection and recreation. 

The primary activity at Silver City is sightseeing which 
centers around the historic structures, old mines, and schoolhouse 
museum. Many people record their visits through photography. 
Silver City is one of the most photographed attractions in south- 
west Idaho. 

Silver City's value as a sightseeing attraction is due to a 
combination of natural features, mining development, and historic 
buildings. In mid-summer, the upper Jordan Creek Basin also 
provides a welcome relief from high temperatures in the lower valleys, 

Depending on the time of year and the condition of the access 
road, travel may be by passenger car, pick-up, 4-wheel drive, 
foot, horseback, motorcycle, snowmobile, or cross country ski. 
The form of transportation may be an important part of the total 
visit. There are about 15 miles of low-quality roads and trails 
in the study area that are used for hiking, off-road vehicle 
operation, and cross country skiing. Jordan Creek supports trout 
and fishing is only rated as fair (BLM's West Cwyhee URA Recrea- 
tion Evaluation) . 

Those visiting in the winter find it very rewarding since 
they can better relate to the difficulties and personal hardships 
associated with life in early mining camps in the Idaho mountains. 

Fall foliage colors, spring flowers, and winter snows all 
contribute to the ever changing scene and contribute to the sight- 
seeing experience. 

Recreation Facilities and Management . At present the BLM's 
effort to manage recreation use in the study area is minimal. The 
Boise District has attempted to provide some visitor use super- 
vision and to control littering by placing a recreation aide and 
fire crew in Silver City during the summer months. 

There are no developed camp or picnic facilities in the study 
area. No potable public water is supplied by the BLM. Public 
sanitary facilities in the study area consist of two vault toilets 
north of town, and two at the south end. 



2-45 



Access roads into the area are only maintained at a minimal 
level. Limited commercial facilities are currently available in 
the Idaho Hotel. The hotel services include guided tours, limited 
food service, and the sale of pamphlets and books. A museum in 
the schoolhouse is open to the public during the summer season. 
Interpretation, other than what is available at the hotel, the 
museum, or by talking to Silver City taxpayers, consists of brief 
building descriptions posted on some buildings. 

A number of people arrive in Silver City expecting to find a 
full range of facilities including service stations, grocery 
stores, and motels. The Idaho Highway Map indicates an improved 
road connects State Highway 45 and US 95. This has resulted in 
serious problems to some travelers in the past. 

Visitor Use . Estimates of annual visitation range from 
10,000 to 30,000 visits based on information from the Silver City 
Taxpayers Association and the BLM. Bob Leonard, a Silver City 
building owner, estimates that annual visitors are closer to 
10,000 (Leonard, 1978). Heavy use occurs during summer weekends, 
especially those involving holidays. The peak occurs in late 
July, when the annual Owyhee Cattlemen's Association Convention 
attracts over 1,000 people to Silver City. 

An examination of the visitor book in the Idaho Hotel for the 
period from January 9 to June 16, 1976, showed that 627 signatures 
were from Idaho, 66 from Oregon, 30 from California, and 18 from 
Washington. There were also nine visitors from Canada, Great 
Britain, Mexico, and West Germany. The majority of the Idaho use 
originates from the Treasure Valley area in southwest Idaho. 
According to BLM records and information on the guest register, 
people from every state have visited Silver City. 

The largest single group of recreation visitors to Silver 
City are the building owners themselves. Proportionately, they 
account for the greatest recreation use, if all their visits 
during periods of occupancy or at other times are considered to be 
for recreation purposes. Potential recreation use of Silver City 
is covered later in Chapter 2 of the section titled Description of 
the Future Environment without the Proposed Action. 

Aesthetics 

Visual Resource . The natural landscape in the study area has been 
totally modified by mining activity, road construction, and settle- 
ment of Silver City. The resulting scene represents the primary 
attraction in the study area. 

At one time, the surrounding mountains were denuded, but 
second growth timber stands have become established. 



2-46 



The existing natural landscape enhances the individual char- 
acter of each standing building and the ruins of former buildings. 

The evidence of past mining (shafts, tailing piles, and roads) 
scars the surrounding hillsides but is an important part of the 
area's history and adds to the scene. 

The dominant landscape feature is probably color. The natural 
vegetation, exposed soil and rock, and weathered wood in the 
buildings all contribute to this montage of color. As the seasons 
change, so do the colors, including the different shadow and light 
patterns on the surrounding hillsides. 

The most obtrusive features in the landscape are modern 
vehicles . 

Air quality as it relates to viewing the characteristic 
landscape is good. The only exception would be dust from the 
movement of vehicles. 

Noise. Based upon field observations, noise levels in the study 
area vary considerably depending on the season and day of the 
week. Generally, mid-summer weekend noise levels are the highest 
due to the number of visitors. The only exception would be the 
noise of a few gas-powered generators. Overall noise levels are 
very low in the area, normally less than the 92 db rating associated 
with automobile traffic. 

Odor . A noticeable odor is wood smoke. There may also be some 
localized odors associated with the existing outhouses. Cattle 
graze in town and along Jordan Creek. These animals never reach 
numbers which would cause a problem, but there are odors associated 
with their presence. 

Soil 

Silver City and the immediate vicinity are within an area of 
about 50 square miles which has been invaded by an intrusion of 
granite which is apparently an off-shoot from the extensive area 
of the Idaho Batholith, of similar granitic material covering most 
of central Idaho. This structure includes the higher mountains 
immediately to the north, east, and south of Silver City, including 
War Eagle Mountain. Between Silver City and the summit of Florida 
Mountain, however, the surface geology changes abruptly from 
granitic to Columbia River basalt. 

Bedrock granite is readily exposed in street and road cuts 
and in foundation excavations within Silver City. The granite is 
a poor aquifer. Domestic water has in the past been derived from 
surface water sources. 



2-47 



The soils of the area are poorly developed. For the most 
part the surface covering consists of coarse decomposed granite 
over bedrock. The surface cover of decomposed granite is highly- 
permeable and does not erode readily. However, soil alterations 
associated with building, structure modification or maintenance 
occurs. This disturbance is normally confined to the construction 
area. 

Vegetation 

The present vegetation in and around Silver City has evolved 
as a result of many influences of man. During the late 1800s and 
early 1900s, much of the standing timber was cut and used as 
support structures in the mine tunnels and slopes. This resulted 
in a general opening up of the canopy and allowed an increase in 
the number of grasses and forbs that comprise the vegetative 
community. This is also evidenced by the many Douglas fir, moun- 
tain mahogany, and juniper seedlings found in the immediate vicinity, 
These tree species were also utilized for firewood and construction 
material during the active mining days . 

About twenty acres have been altered as a result of placer 
mining in the area. These areas exhibit a wide variety of invader 
vegetative species that are common to an area in an early serai 
stage after a massive surface disturbance. 

For definitive purposes, the vegetation within the ES area 
can be divided into six distinct areas. 

Area I - Mountain Mahogany /Juniper . These areas are found on 
steep slopes with shallow, dry soils and consequently, support a 
more sparse vegetative community than surrounding areas. The 
dominant vegetation in these areas is mountain mahogany, juniper, 
and scattered Douglas fir. A small stand of limber pine is 
situated on Newsome Ridge just northeast of the Morning Star Mine. 
This is considered to be a disjunct population and is probably a 
remnant of a former climatic period. 

Area II - Creek Bottoms . Dominant vegetative species in this area 
include dense stands of willow with scattered poplar, cottonwood, 
and chokecherry trees along the creek bottoms. Understory species 
are relatively abundant in this area because of the availability 
of water and fertile soil. 

Area III - Protected Areas . There are two cemeteries within the 
study area. The large cemetery west of Jordan Creek has been 
fenced for many years and has received no significant grazing 
pressure from domestic animals. The fence around this area should 
be maintained in good condition because the vegetation inside the 
boundary serves as an excellent reference. Species diversity 
inside the cemetery is much higher than outside, thus giving an 



2-48 



I 



indication of the natural potential of the site. Dominant species 
within the cemetery include quaking aspen, elderberry, snowberry, 
sunflower, mountain brome, needlegrass, and squirreltail . 



Area IV - Mountain Shrub. 



This area is found in the foothill 
areas adjacent to the valley bottom. Soils here are deeper and 
more fertile than those found in the mountain mahogany and juniper 
area. The slopes are more gentle and there are fewer rocks in the 
soil profile. Dominant vegetative species in this area include 
big sagebrush, snowberry, rose, currant, Indian paintbrush, holly 
grape, bluegrass, and needlegrass. 

Scattered stands of juniper and Douglas fir occur in the 
higher elevations of this area. Douglas fir is usually found on 
north exposures . 

Area V - Vegetation within Town Boundaries . Many domestic and 
ornamental species still inhabit the roadsides and abandoned yards 
and gardens within the town. Many of these species appear to be 
reproducing and actually increasing in numbers. Cottonwood and 
poplar trees still occur along some of the streets. Yards in the 
old residential areas still have remnants of roses, elderberries, 
willows, lilacs, and currants. 

Area. VI - Conifer/Aspen . This area is characterized by Douglas 
fir and quaking aspen. Scattered juniper and mountain mahogany 
also occur in the lower reaches of this area. 

Vegetative species observed during a field investigation con- 
ducted on July 26, 1977, included the following: 



Grasses 



Volga wild rye 
Basin wild rye 
Sandburg bluegrass 
Kentucky bluegrass 
Need leand thread 
Letterman needlegrass 
Cheatgrass 



Forbs 



Sheep sorrel 

Mint 

Desert parsley 

Pens t em on 

Phlox 

Curley-leaved dock 

Goldenrod 

Dandelion 

Western yarrow 



2-49 



Shrubs 

Big sagebrush 
Silver sagebrush 
Snowberry 
Holly grape 

Map 2-10 shows the location of the six vegetative areas. A 
considerable amount of overlap occurs between the areas. A field 
examination was conducted for the entire study area on July 26, 1977. 

Threatened or Endangered Plants . Two field investigations were 
conducted in July 1977, to determine if any rare or threatened 
vegetative species occurred in or around the study area. No 
species contained in the list of endangered or threatened plants 
for Idaho in the Federal Register, Vol. 40, No. 12 7, page 27855, 
or the Federal Register, June 16, 1976, were found in, or adjacent 
to, the study area. 

Simil onion is endemic to eastern and southern Idaho and Lake 
County, Oregon. It is found quite commonly in the Silver City 
area. However, no specimens were observed on the July 26, 1977 
field investigation. 

Wildlife and Fishery 

Wildlife . Each plant community found in the study area provides 
habitat for animals. Some animals may be found in several plant 
communities, whereas others are associated with a single plant 
community. Some wildlife species may be more dependent on human 
structures than on plant communities. 

Mammals commonly observed in the Silver City area are mule 
deer, Belding ground squirrels, golden-manteled squirrels, coyotes, 
and hoary bats. Species normally not seen due to nocturnal 
activities include bushy-tailed woodrats, deer mice, and house 
mice. Domestic cattle, horses, cats, and dogs are occasional 
inhabitants of the area. 

A variety of song birds can be seen around Silver City. 
Hummingbirds, warblers, and Lazuli buntings are associated with 
the riparian vegetation along Jordan Creek. Mourning doves, 
violet-green swallows, and robins are abundant in the townsite. 
Raptors, such as sparrow hawks, turkey vultures, and red-tailed 
hawks may be observed soaring in the immediate area. 

Garter snakes, rattlesnakes, Western toads, and a variety of 
lizards are common amphibians and reptiles in the area. 

Threatened or Endangered Wildlife . In order to determine the 
presence of threatened or endangered wildlife species, Bureau of 



2-50 



T5S R3W 
Si NE^ ,NiSEi ,Sec.6 




SCALE IN FEET 

VEGETATIVE TYPES 



Area I Mountain Mahogany/ Juniper 
Area n Creek Bottoms 
Area HI Protected Areas 



Area E£ Mountain Shrub 

Area Y. Vegetation Within Town Boundaries 

Area 51 Conifer Aspen 



MAP 2-10 
2-51 



Land Management wildlife biologists reviewed the List of Endangered 
and Threatened Wildlife, conducted an on-site survey, and contacted 
Idaho Department of Fish and Game personnel. None of the species 
on the list are known to occur within the study area. 

The BLM/State of Idaho Sensitive Species List (see Glossary) 
was also reviewed. California bighorn sheep, bobcat, and mountain 
quail are known to occur in or near the area of Silver City. 

The Delamar Baseline Study (Boise State University, 1976) is 
the most recent and thorough review of terrestrial wildlife and 
can be reviewed at the BLM Boise District Office for a more detailed 
account of terrestrial wildlife in the Silver City area. 

Fishery. In Jordan Creek there are red-banded, brook, and rainbow 
trout. Habitat in the upper part of the watershed would be 
classified as being in good condition. Banks are generally stable, 
pool-riffle ratios are favorable, and there is an abundance of 
overhanging vegetative cover. 

To date the most comprehensive water quality assessment in 
the Jordan Creek area is being conducted by a student group 
associated with Boise State University. In a report pertaining to 
the first work (Vincent, et al . , 1976), it was concluded for water 
chemistry that "the data from the study suggests the system surrounding 

and flowing through the region was of high quality." Also, 

from preliminary data obtained by the State of Idaho Department of 
Health and Welfare, it has been shown (Idaho Department of Health 
and Welfare, letter, 1977) that on the dates chemical and bacterial 
samples were collected, state water quality standards were not 
violated. 

Based on a field evaluation of the area near the townsite, it 
was assessed that historic mining activities have impacted the 
stream more than current activities. Assuming that habitat alter- 
ation activities in and near the townsite will not occur in the 
future and that State of Idaho water quality standards are complied 
with and stream flows are maintained, trout, including the red- 
banded which is on the BLM Sensitive List, will continue to exist 
successfully. 

Socio-Economic Characteristics 

Owyhee County. Owyhee County is a rural, agricultural county 
located in the southwest corner of Idaho. The development of land 
from rural to urban has been gradual and growth has been confined 
to the Snake River lowlands. Only Homedale and Marsing have shown 
any substantial growth in recent years and contain a mixture of 
residential, commercial, and industrial uses. Industrial develop- 
ment has been limited to mining because of the distance to markets. 
The population of Owyhee County increased one percent between 1950 



2-52 



and 1960 and .7 percent between 1960 and 1970. This was at a much 
slower rate than the other Boise District counties (Adams, Boise, 
Valley, Washington, Payette, Gem, Ada, Canyon, and Elmore) and the 
State of Idaho. Estimates of 1975 population range from 7,065 
(Idaho Department of Water Resources, 1976) to 7,500 (Bureau of 
Census 1976). In 1974, the birth and death rates per 100 population 
were 19.7 and 8.1, respectively. It is believed that the large 
population increase from 1970 to 1975 is due to increased employment 
opportunities in the mining and agricultural sectors. 

In 1970 and 1975 roughly 52 percent of the population in 
Owyhee County were males while in 1975 slightly less than one-half 
of the population in Idaho were males. In 1975 the median age in 
Owyhee County was 24; the median age for Idaho was 28. An influx 
of younger workers has contributed to lowering the median age in 
Owyhee County (Bureau of Land Management, 1976). 

Between 1960 and 1970 there was a net out-migration from 
Owyhee County and the State Of Idaho. Owyhee County's out-migration 
rate was 75 percent higher than that of the State. This was 
reversed btween 1970 and 1975 when both Owyhee County and Idaho 
experienced net in-migration rates. This was due to increased 
employment opportunities and a reversal of the rural to urban 
trend of the 1960s. 

Owyhee County is one of the least densely populated counties 
in the state with less than one person per square mile. Tne state 
density was 8.6 persons per square mile in 1970 and 9.9 persons 
per square mile in 1975. 

The median housing value in Owyhee County in 1970 was $9,000; 
in the Boise District it was $11,770. These figures would be 
higher today due, in part, to inflation; just the cost of inflation 
raised prices 40 percent from 1970 to 1975. In 1975 dollars, the 
median housing value in Owyhee County was $12,625 - in the Boise 
District, $16,511. The median age of houses in Owyhee County is 
35 years; in the Boise District 36 years; and in the state, 33 
years. 

Between 1940 and 1974, real per capita personal income in- 
creased by close to 150 percent, the Boise District increased by 
160 percent, and the State of Idaho, by 210 percent. Total per- 
sonal income also increased but not as fast as the Boise District 
or the State. 

In Owyhee County, the civilian labor force has increased from 
2,395 in 1970 to 3,646 in 1975. With this increase in total labor 
force there has also been a substantial increase in the level of 
unemployment - from 3.1 percent in 1970 to 6.8 percent in 1975. 
But even with this increase in the unemployment rate in Owyhee 
County, this percentage is still below that of the State of Idaho. 



2-53 



The state figures are: 5.2 percent unemployment in 1970 and 7 3 
percent in 1975. 

Agriculture is the major industry in Owyhee County, employing 
992 out of 2,613 employed people in 1975. Other significant 
sectors are state and local government and trade, employing 308 
and 299, respectively, in 1975. 

According to the June-July 1977 issue of Idaho Image , an 
economic publication of the Division of Tourism and Industrial 
Development, the DeLamar Silver Mine, located ten miles from 
Silver City, is now employing a 125-man crew and is operating 24 
hours a day. It is the country's third largest silver mine and 
the largest open-pit silver mine in the world. 

Of the 2,324 workers in Owyhee County in 1970, 68.0 percent 
of them worked in their county of residence. Of those who did 
commute to work outside their county of residence, 423 of 533 went 
to work in Canyon County. Canyon County also supplied the most 

in-commuters" to Owhyee County, 314 of 437 who worked in Owyhee 
County but did not live there. 

Land Use Plans, Contro ls, and Constraints . The Owyhee County 
Comprehensive Land Use Plan was adopted by the County Commissioners 
in December 1974. Preservation of the archaeological, archi- 
tectural, and cultural history of Owyhee County was identified as 
the historical goal for the County. The plan also encourages the 
preservation of Silver City and discourages any development which 
may have an adverse effect upon Silver City. 

The County of Owyhee, Idaho, has an ordinance known as the 
Sliver City Area Zoning Ordinance. This document was adopted and 
approved on August 14, 1975, and is the final ordinance concerning 
Silver City on file with Owyhee County (Jayo, Barbara, Personal 
Communicaton, 1977). The document is: 

An ordinance relating to the preservation of historic 
properties in Silver City, Owyhee County, State of Idaho; 
defining certain terms, providing for special use districts; 
providing for the preservation and non-destruction of 
historic properties; providing for enforcement; providing 
for applications for certificates of appropriateness; 
providing for continuance of existing uses; providing for 
maintenance and repair of structures; providing for guide- 
lines; providing for appeals; providing for amending pro- 
cedures; providing for variances; providing for interpreta- 
tion; fees; severability and emergency. 

(Board of County Commissioners, 1975:1) 

The purpose for the ordinance is for "prompting the historic 
educational, cultural, economic, and general welfare of the people 



2-54 



through preservation, restoration, and protection of buildings, 
structures and appurtenances, sites, places, and elements of 
historic interests within the area of the City of Silver City, 
County of Owyhee, State of Idaho" (Ibid:l). 

Effectiveness of the Silver City Area Zoning Ordinance . After 
approval of the Silver City Area Zoning Ordinance on August 14, 
1975, it became apparent that some building owners were making 
changes to their structures without first submitting applications 
for approval to the Owyhee County Planning Board. At least four 
such situations were identified in 1976 (Hyslop, Owyhee County 
Preservation Officer, Letter, 1976). In order to give advice on 
historic architecture to the Planning Commission, a Historic 
Advisory Committee was organized in December 1976. During 1977, 
eight applications for building variance were received by the 
planning board. The Historic Advisory Committee had opportunity 
to make recommendations only on two of these applications, and in 
both instances, the recommendations were not followed by the 
planning board. 

It has been stated that: "The ordinance has not been as 
effective, on the surface at least, as some would like to 
see. There have been incorrect interpretations of the 
ordinance. There have been violations of the ordinance. 
There has been confusion as to procedure on the part of 
county employees and county officials." (Hyslop, Sept. 
1977). 



15, 



The planning board now requires that all applications for 
building work be submitted by the second Monday in March of each 
year and that all such applications will be reviewed by the His- 
toric Advisory Committee before approval. This is intended to 
give county officials and the Historic Committee an opportunity to 
process the applications. Trie Owyhee County Commissioners have 
stated that they feel that there is adequate supervision of the 
ordinance and the home owners are making a sincere effort to 
maintain their buildings in a historic manner (Owyhee County 
Commissioners, May 1978). 

Silver City . 

General . There are 70 major buildings located on public land 
owned by 60 individuals or families on the assessor's tax list. 
The county occupancy rate in 1970 was 3.1 persons per dwelling 
unit; therefore, the population estimate for Silver City is 186 
persons. Only two families live there year-round. Several families 
live there full-time in the summer months, June to October, and 
most homeowners spend weekends there. Sixteen building owners 
major residences are in Owyhee County and 56 are in the State of 
Idaho. Seven building owners live out of state as follows: 
Arkansas 1; California 2; Nevada 1; Oregon 2; Washington 1. 



2-55 



For a description of the houses, please refer to Appendix C. 
Although there are few public facilities, the Idaho Hotel which 
is operated as a restaurant and bar, and two gift shops provide 
the basxc commercial establishments which serve the general public. 
Tourism is the principal source of income for the hotel owner. 
For many families, Silver City represents a living historical 
location because many of the homeowners parents and grandparents 
were born there. 

Community Characteristics. The Silver City Taxpayers Associ- 
ation was formed in the mid-1960s, and is the closest approximation 
to a local governmental body. This is an organization of building 
owners formed to provide protection from vandalism, keep the town 
clean, and pull together as a working force for community tasks. 
The association is also involved in improving the community water 
system. 

Resolution of the occupancy problem is a concern of the 
association, but was not a primary objective for establishing the 
organization. Forty of the 60 current building owners belong to 
the association. Five members of the association reside outside 
of the State of Idaho. 

They meet annually, usually in July, plus ad hoc meetings. 
The association has a Board of Directors (8 members) that meet 
quarterly. The president, secretary, and treasurer belong to the 
board. ° 

Funds are collected by annual dues, donations, and benefit 
dances held outside the community. These funds are used for 
payment to a watchman from October 15 to June 15, plus supplies 
and repairs to the water system. Owyhee County contributes $600 
per year to the Taxpayers Association for watchman services. 

Each summer, the association holds work weekends to clean up 
the community and take care of safety hazards. The association 
sponsors a Fourth of July celebration for building owners, friends, 
old timers", and some "outsiders". 

The Taxpayers Association was responsible for drawing up a 
Historical Preservation Ordinance for the area and the County 
Commissioners passed it in 1975. Only recently, since a building 
inspector and historical preservation officer have been hired, has 
the county had any enforcement capability. 

Social At titudes and Values . The information in the values 
and attitudes section was gathered by interviewing nine persons 
during seven interviews. The respondents included seven Silver 
City homeowners and two leaders within Owyhee County. The reader 
should be cautioned against extrapolating from this information 
for two reasons. First, those people interviewed were not a 



2-56 



representative sample of Silver City's population. Second, the 
interviews were conducted in an open-ended manner so that the 
residents could fully express themselves. Thus, not all those 
interviewed were asked the same questions. This section has been 
updated with information received during the comment period or the 
public hearing. 

Homeowners that have a family history in Silver City see 
their heritage when they look at these buildings, not just an old 
building. Silver City is their home, not just a retreat in the 
Owyhee Mountains. The homeowners take pride in their homes . ^ They 
have spent a great deal of money and have put a lot of work in 
preserving their homes (Orton, June 11, 1978). These hereditary 
ties to Silver City are best expressed by Mr. Bob Leonard in a 
letter received May 18, 1978. An excerpt from this letter states 
that: "I am a fourth generation Silver City homeowner and summer 
resident. My family and I own eleven buildings within the town, 
seven of which are listed as major historic buildings in your 
draft environmental statement. My grandfather was a judge for ^ 
Owyhee County in Silver City and Murphy. My great uncle 'Willie 
Hawes and grandmother "Lillie" Leonard were major contributors to 
the preservation of Silver City their entire lives and were greatly 
respected throughout Owyhee County. Forty-five members of our 
family spend some portion of time in Silver City every year." 

New homeowners, who don't have direct family history have 
proven their interest in history by the preservation work they 
have done or are going to do in the future (Orton, June 11, 

1978). 

The homeowners feel that they, not any governmental agency, 
have preserved Silver City. Many homeowners feel that they are 
preserving their own heritage. To others, Silver City is just a 
place for a second home. Many would like to see Silver City 
remain unchanged so that their children and grandchildren can 
enjoy it unspoiled. Because many people care about the town, they 
have spent time fixing up their homes and participating in the 
social affairs of the community. 

The fact that several building owners with permanent homes 
located great distances from Silver City make regular visits and 
take a vital interest in participating in social affairs and 
social commitments to the community identifies a cohesive spirit 
within the community. 

Silver City residents place a great deal of value on main- 
taining the pioneer spirit and they show this by trying to maintain 
the town as it was. Most residents consider the preservation of 
Silver City as an important part of their lives. 



2-57 



All of the building owners interviewed expressed dissatis- 
faction with the Bureau of Land Management's policies regarding 
Silver City. Five of the building owners stated they favored 
purchase of the land their buildings stand on to solve the trespass 
situation. One owner expressed the feeling that anything less 
than ownership of the land their building stands on puts them in 
a position where they could be "thrown out" at the whim of a land 
manager or a change in land use plan. Another concern expressed 
is, if their building was destroyed by fire or other catastrophy, 
they would not be allowed to rebuild, unless they owned the tract. 
Assigning their property to heirs is important to building owners 
(three residents expressed this comment) and they wish to be in a 
position of security on this issue. 

Several residents feel that the Owyhee County ordinance 
restricting building improvements in Silver City is adequate and 
Federal protection is not needed. The Silver City Taxpayers 
Association is very critical of the way BLM has handled the Silver 
City occupancy problem. 

Several building owners expressed concern on not being able 
to afford the lease rental plus keeping the building habitable. 

Based upon interviews of Owyhee County leaders, Silver City 
is an unimportant issue to other residents of the county. According 
to the President of the Silver City Taxpayers Association, the 
county residents do believe that Silver City is an important 
issue. Many of them have family history attached to Silver City 
and surrounding area, and visit the area quite often (Orton, June 11. 
1978). ' 

The major issue in the county is the soon-to-be-published 
land use plan. Many county residents would like to see the Silver 
City question settled once and for all. They feel it has taken 
too long and has used too much of the county's time. 

Rights of Silver City Taxpayers . Only three buildings in 
Silver City are located on private land. Seventy remaining struc- 
tures are on public land administered by the Bureau of Land Management 
A legal review has been conducted by the Department of the Interior, 
Office of the Solicitor, Boise, Idaho. It was determined that, 
"Mere occupancy and improvement of public lands, no matter how 
long continued, give no vested right (to the Silver City building 
owners) therein as against the United States or purchaser from it 
3 Am Jur 2d Adverse Possession i 205." In other words, the Silver 
City building owners have no legal right to the public land or the 
occupation or use of it, until authorization is granted for use 
and occupancy of public land through a permit, lease, or land 
transfer. 



2-58 



Service Systems . 

(Water Supply System) . The present water system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Its main purpose was to supply 
water to the Idaho Hotel located on Jordan Street (Idaho Water 
Resource Board, April 1972). The water originates from a spring 
located on the Holy Terror mining claim on Florida Mountain. The 
spring water rights are filed in the name of the Silver City Tax- 
payers Association (Orton, Clarence, Interview, September 6, 
1977). The Association is responsible for maintenance and repair 
of the water supply system. Water from the spring flows in a pipe 
about one-quarter mile to a circular, wooden-stave, 18, 000-gallon 
storage tank. The pipeline continues from the tank to the hotel, 
with a main lateral running along Washington Street. There are 
approximately 30 building owners hooked into the water system, and 
up until this year, a faucet was located near Clarence Orton' s 
house for public use. (Orton, Clarence, Interview, August 24, 
1977). 

Due to the age, poor condition, and recent winter freezing 
damages to the water system, the Silver City Taxpayers Association 
and some other building owners have replaced segments of the 
original galvanized steel pipe with PVC and rubber pipe to upgrade 
the water lines. The wooden storage tank leaks and the taxpayers 
intend to replace it in 1978 with a steel tank. Substantial water 
savings could be gained by doing this which would make more water 
available to the building owners and the public. By providing 
volunteer labor, the Taxpayers Association estimates that the 
water system can be completely replaced for about $10,000 (Orton, 
Clarence, Interview, August 24, 1977). Since the water system is 
located on public land, the Taxpayers Association must obtain a 
permit from BLM for any earth disturbing activities. 

A water sample taken from the storage tank on July 31, 1977, 
by the Southwest District Health Department, showed that the water 
was contaminated by coliform bacteria. Residents were advised of 
the problem and food service establiments were instructed to 
discontinue use of the water. A sample taken on August 18, when 
the spring flow was higher, showed no contamination (Southwest 
District Health Department, Letter, September 6, 1977). 

There are also three other wells in town. They have in the 
past been used by several families but are not apparently used for 
domestic purposes. Many of the building owners bring water with 
them for drinking when visiting Silver City (Hoagland, Interview, 
September 7, 1977). 

(Sanitation System) . With the exception of one water- 
carried sewage disposal system which utilizes a septic tank and 
drainfield, all the building owners in Silver City have outdoor 



2-59 



privies. The building owners in Silver City are responsible for 
maintenance and repair of their sanitation systems. In August 
1977, the Southwest District Health Department inspected most of 
the outhouses in Silver City for compliance with state health 
laws. Approximately 15 privies were found to meet state regula- 
tions or require minor maintenance to be in compliance, and about 
30 units needed major repairs or new facilities (Southwest District 
Health Department, Letter, September, 6, 1977). 

The Health Department identified conditions that violate 
state health standards. Much of the ground under Silver City is 
coarse-textured or granular and quite pervious, which allows sewage 
to readily leach through the soil substrate. This situation, 
coupled with the fact that most outhouses have unsealed earth 
pits, allows sewage to leach downslope toward Jordan Creek. A 
number of privies are adjacent to the creek and over time may 
contribute to sewage pollution of the stream (see Water Quality 
section). In general, many of the. outhouses are not rat- and 
rodent-tight, giving access to vermin. 

The BLM has two toilets in the study area which have sealed 
vaults that are periodically pumped out. The Health Department 
considered them to be in compliance with state law but noted that 
they were not fly- or rodent-tight. They are heavily used by 
tourists (Southwest District Health Department, Letter, September 6, 

(Solid Waste Disposal) . The BLM has a number of trash 
cans at the campground next to town and at undeveloped spots along 
Jordan Creek. These cans are used by the public and emptied by 
the BLM summer fire crew. The homeowners kept the area clean with 
their own volunteer labor prior to BLM involvement around 1972. 

The building owners burn combustible solid waste in their 
wood-burning stoves and take the rest home or dispose of it at the 
Owyhee County metal bin at Murphy. 

Occasionally litter has accumulated in Silver City after 
organized events such as the annual Idaho Cattlemen's Association 
meeting. Some building owners have complained that the litter was 
not picked up by the responsible people. 

(Fire Protection) . There is no formal fire fighting 
organization in Silver City. The Silver City Taxpayers Association 
has encouraged building owners to have fire extinguishers and many 
individuals have them in their structures (Orton, Clarence, Interview 
September 6, 1977). There is a threat of structure fires mainly 
during the heavy-use, dry summer months. The old wood of the 
buildings is dry, much of it unpainted and, theoretically, many 
structures could be destroyed in short order if a fire got out of 
control. A fire wiped out one whole block in 1908. The BLM 



2-60 



maintains a three-man fire crew in the area during the summer, but 
these personnel are trained only in range fire suppression. This 
crew would not be authorized to enter a burning structure but could 
be utilized to check the spread of fire to surrounding ground. In 
1973, CH„M Hill Company prepared a proposal for the Silver City 
Taxpayers Association concerning a fire protection system. They 
pointed out the need for the community to purchase a portable pump 
that could be used at known water sources, training of a volunteer 
fire department, inspections to identify fire hazards, and develop- 
ment of a new water supply and water distribution system with 
hydrants and hoses (CH ? M Hill, Letter, September 13, 1973). 

(Law Enforcement) . Since Silver City is unincorporated, 
the community has no law enforcement agency. The Owyhee County 
Sheriff, located in the county seat of Murphy, has the responsibility 
for enforcement of county and state laws. The BLM has the respon- 
sibility to enforce federal rules and regulations established by 
the Organic Act. A watchman has been hired by the Taxpayers 
Association to help protect the community from vandalism, mainly 
during the winter and spring months . The first watchman was hired 
in 1968. 

(Electrical Supply) . There is no power line into Silver 
City. One was taken out in the early 1940s when the county seat 
was moved to Murphy. Electricity is supplied to several homeowners 
and the hotel by generator power plants. In addition, some 
residences use propane gas for heaters, refrigerators, and lights. 

(Telephone Service) . There are four telephones in Silver 
City. They are located in the Idaho Hotel and in three residences 
(Orton, Clarence, Interview, September 6, 1977). 



DESCRIPTION OF THE FUTURE ENVIRONMENT 
WITHOUT THE PROPOSED ACTION 



The following section describes the possible future environ- 
ment of the Silver City ES area at the year 1997 if the proposed 
action is not implemented. 

Cultural Resource 

There are presently 70 major buildings in Silver City. 
Twenty-seven (44 percent) buildings have major historic or archi- 
tectural significance; 38 (56 percent) buildings contribute to the 
historic setting; and five buildings are nonhistoric. 

Nine buildings are in need of immeditate repair by the build- 
ing owners to prevent their loss . Five of these buildings have 



2-61 



1 



major historic and architectural significance. If this repair is 
not done, these buildings can be expected to be lost in the 
future. Based on past action, it is highly likely that building 
alterations which are not in the keeping with historic setting 
will continue to be made. In addition, new structures not consistent 
with the historic scene will be constructed. 

Based on past activities, it is assumed that extensive and 
irreparable destruction of Silver City's historical archaeological 
resources will continue. Without proper management of Silver City's 
archaeological resource, it would not be possible to curtail the 
continuous destruction of these fragile scientific, historical, 
and interpretive values. The three major effects to the archaeo- 
logical resource are expected from the following activities: (1) 
amateur archaeology and bottle-collecting; (2) extensive parking, 
camping, and picnicking; and (3) excavation in connection with the 
maintenance and repair of existing structures. 

Land Use 

Livestock Grazing . The future environment without the proposal 
would result in the continuation of the present livestock grazing 
program. 

Mining . Mining activities within the immediate vicinity of Silver 
City ceased over 50 years ago. A 1973 evaluation of the mineral 
potential concluded that the mineral values which once occurred 
have been mined out and that there is little or no potential for 
new discoveries (U.S. Department of the Interior, 1973). 

Recreation . The principal recreation resource in the study area 
is the historic mining settlement of Silver City. This historic 
community is expected to attract sightseers. In time, the old 
buildings and ruins should increase in value as a historic resource. 

The 197 2 Comprehensive Rural Water and Sewage Plan for Owyhee 
County estimates that 40,000 tourists will visit Silver City 
annually by 1990. This projected increase in public visitation is 
expected to generate a greater demand for improved public services. 

The lack of visitor services also places a burden on the 
building owners since they are often asked for help by visitors 
experiencing car trouble, people who need information about the 
area and sometimes food and shelter. 

The fact that so many people will visit the area also con- 
flicts with the building owners desire "to get away from it all" 
during a visit to their second home in the mountains. 

Uncontrolled vistor use reduces the value of the area because 
of littering, erosion from indiscriminate vehicle use, congestion 
caused by vehicle traffic, cars parked blocking the streets and 



2-62 



building entrances, etc. The presence of all types of vehicles 
(cars, pickups, campers, and off-road vehicles) represents the most 
intrusive element on the historic scene. It is almost impossible 
to photograph the buildings or the scene without having a modern 
vehicle in the picture. 

Vistors are eager to collect souvenirs as a record of their 
visit to Silver City. This practice results in the removal of 
objects of historical value. 

Hie ability to appreciate and enjoy a visit to Silver City is 
reduced by large crowds of people, the vehicles and associated 
higher noise levels. 

Aesthetics 

In time, many of the scars from past mining activity will be 
rehabilitated naturally by vegetation. The aging of the buildings 
and the contrast with the natural elements will continue to attract 
sightseers. 

Increased visitation would create more people noise, congestion, 
and litter. 

Soils 

The poorly developed soils of the study area would continue 
to be disturbed by the activities associated with building modifi- 
cation and repair. This disturbance is expected to be limited to 
the construction activities associated with the buildings. 

Vegetation 

The present vegetative setting has evolved under the same 
conditions that have existed in Silver City for the past 50-70 
years. The vegetative community should continue to progress along 
successional stages at the present rate. The major change that 
could be expected would be the general increase in Douglas fir, 
juniper, and mountain mahogany in those areas which were disturbed 
during the mining and construction phases of Silver City's history. 
These three tree species are becoming re-established in their 
original areas. Over a period of time, these trees would reach 
maturity and would actually dominate the vegetative setting on 
some sites. The vegetation within the town would remain much the 
same as it is today with a mixture of native vegetation and 
domesticated ornamental species. 

Wildlife and Fishery 

Wildlife . Probably little change in wildlife habitat or wildlife 
species diversity will occur in the future. Some species diversity 



2-63 



may be slightly reduced due to intolerance of some wildlife 
species to increased human activities. 

Fishery . Fishery habitat of Jordan Creek in the Silver City study 
area is presently classified as being in good condition. Assuming 
that stream flows are maintained, water quality standards are met, 
and habitat alterations do not occur in the future, the fisheries 
resource should continue to be successful. 

Socio-Economic Characteristics 

Owyhee County . By 1995, the total population of Owyhee County is 
projected to be approximately 10,856 persons, a 54 percent increase 
from 1975. Males will make up 51 percent of the population. 
Employment will increase to 2,95 9, a 13 percent increase from 
1975. It is anticipated that Silver City will remain much the 
same as in 1977 with the same number of homes and a similar 
maximum population of 186 persons. By 1995, the per capita income 
in Owyhee County will be $4,600 in current dollars, an increase of 
50 percent since 1974. 

The Owyhee County Comprehensive Land Use Plan is expected to 
be revised by the Ida-Ore Regional Planning and Development 
Association. Although the Silver City Area Zoning Ordinance can 
be changed by the Owyhee County Commissioners, there are no plans 
to modify the zoning ordinance. The effectiveness of the ordinance 
is not expected to change. 

Silver City . Visitor use is expected to increase. This, in turn, 
could create a demand for additional services and introduce 
commercial activities into Silver City. Some road improvements 
may also increase visitor use by making access easier. The services 
demanded will include food and beverages, campgrounds, trash 
removal, automotive services, and public restroom facilities. 

There are no indications that the community character of 
Silver City will change in the future. 

Silver City residents are deeply attached to their homes. 
Most families use their homes as weekend retreats, four families 
live there full-time in the summer, and only two families live 
there in the town all year. The residents feel that only their 
care and concern has kept Silver City alive through the years. 
They do not want outside historical groups or BLM coming in to 
control the town now. Many would like to know where the historical 
groups were 15 to 20 years ago when the town was being vandalized. 

Residents feel that gross commercialization would destroy the 
town and many want to keep Silver City as is so their children and 
grandchildren can enjoy the town unspoiled. Many people approve 
of the concept of planning, especially when it concerns Silver 



2-64 



! 



City. The residents feel that the building permit system is 
finally working and when homes are rebuilt or new additions 
constructed, old wood is used in the outside to maintain the 
"historical integrity" of the structures. 

The residents organized a non-profit organization and hired a 
watchman to protect the town from vandals. Not all the taxpayers 
are members of the non-profit organization and there is disagree- 
ment on the amount of commercialization in Silver City. Some do 
not want any and others want some essential services for tourists. 
Most homeowners regard their lifestyle as special and unique and 
want to keep it that way. Many of the disagreements between 
residents over the town go back 20 to 30 years or more and, in 
some cases, are family or neighbor feuds. 

Among the residents of Owyhee County, Silver City is not a 
very important issue relative to the other problems facing the 
county like land use planning. County residents want the Silver 
City issue to be resolved so they can get on with other business. 
They feel it has taken up too much of their time. 

Visitors to Silver City are interested in the historic values 
of the town and would like to see those values maintained. Many 
are opposed to commercialization but would like to see some tourist 
services. 

Although the Silver City building owners occupy and use public 
lands, they have no legal right to do so. Continued unauthorized 
occupancy and use is expected in the future unless BLM acts. 

The Silver City Taxpayers Association is expected to continue 
to repair and replace sections of pipe in the water supply systems. 
The taxpayers want to replace the storage tank during 1978. 
Eventually, the entire water system will likely be replaced so 
that there will be more efficient use of the water for the build- 
ing owners and public visitors. Both the water quality and the 
system itself will be periodically checked by the SDHD to assure 
compliance with state and county health laws. An enhancement of 
Silver City's domestic water system can be anticipated in the 
future. 

From recent inspections by the SDHD, it was found that the 
majority of outhouses in Silver City do not meet acceptable sewage 
standards. The SDHD has made recommendations to building owners 
on how to upgrade their facilities to meet state and county regu- 
lations. Through continued monitoring by the SDHD, sewage disposal 
conditions are expected to improve as building owners comply with 
health regulations. 



2-65 



Fire protection, law enforcement, electrical supply, and 
telephone services would be expected to continue at the same level 
if the proposed action was not followed. The number of the Silver 
City building owners would probably stay static along with their 
desires for these services. 



2-66 



Chapter 3 

Environmental Impacts of the Proposed Action 




i 



■ 



■- 



OLD POWDER HOUSE 



INTRODUCTION 



The building owners of Silver City occupy public land without 
authorization from the BLM. Granting of a proposed lease would 
authorize this occupancy. The historical, architectural, and 
archaeological resources of Silver City have local and regional 
significance. This resource is fragile and nonrenewable. 



ASSUMPTIONS AND ANALYSIS GUIDELINES 



Impacts discussed in this chapter are restricted to the 5.5 
acres of public land proposed to be leased unless otherwise speci- 
fied (see Map 3-1) . Short-term impacts discussed in this statement 
are those expected to last less than five years. Long-term impacts 
are those which would still be evident in the year 2000. 

Each resource is analyzed according to the following assump- 
tions: (a) tracts of public land within Silver City would be leased 
only to proven building owners; (b) only tracts of public land 
which are occupied by existing buildings would be leased; other 
public land within Silver City would be retained in federal owner- 
ship; (c) building owners would accept and would comply with the 
lease; and (d) BLM would insure compliance with the lease. 



IMPACT ANALYSIS 



Cultural Resource 

Historic Buildings . Seventy privately owned buildings occupy 
public land without authorization from BLM within Silver City, 
Idaho. Although most buildings have been modified by the building 
owners in some manner, 65 buildings have historic value. Com- 
pliance with the terms of the proposed lease would control or 
prevent intrusive modification (maintenance, alterations, and 
rehabilitation) by the building owners to the existing buildings. 
The overall long-term impacts of implementing the proposed lease 
would be to prevent further intrusive modification to the historic 
buildings and the removal of ruins and artifacts remaining from the 
historic period. This action would help protect and preserve the 
historic integrity of the community. 



3-1 




3-2 



Historic Archaeology . Of the 70 proposed leased tracts surveyed in 
1977, 22 tracts indicated a very high potential for both scientific 
data and public interpretation, 40 tracts showed scant surface 
evidence or extremely low potential for scientific data, 3 tracts 
had so much surface evidence that there is a potential for loss of 
scientific and interpretative data, and 4 tracts could not be 
adequately inspected. 

Compliance with the terms and conditions of the proposed lease 
would reduce or control the following on-going impacts to the 
archaeological resource: (1) amateur archaeological and bottle- 
collecting activity; (2) excavation in connection with the mainte- 
nance and repair of existing structures; (3) use of materials from 
ruins for maintenance and repair of existing structures or con- 
struction of new structures. However, the amount of control or 
reduction is unknown. 

In spite of the precautions taken by the building owners and 
BLM, continued occupancy of the proposed lease tracts would per- 
petuate disturbance to the archaeological resource which cannot be 
quantified. Any archaeological site which is disturbed would lose 
some of its archaeological integrity if not its outright scientific 
and interpretative values. Once disturbed, that portion of a site 
is lost to future field studies and interpretations. 

Under the proposed lease, the archaeological resource would, 
in the long run, be impacted less (see. Chapter 2). 

Land Use 

Grazing - The proximity of the proposed tracts to the human dwellings 
and activities completely negates the value for grazing. Implementing 
the proposal would result in no changes to the grazing resource. 

Mining. Mining activities ceased more than 5 years ago. The 
histor"y of the mining district indicates that rich ore occurred 
only near the surface and is mined out. There is little or no 
potential for new discoveries. A 1974 withdrawal prevents mineral 
location and entry under the mining laws . Since the proposed lease 
is subject to existing valid mining rights, there are no known 
quantifiable impacts to the mineral resource or mining. 

Recreation . The primary recreation value is the sightseeing and 
photographic opportunities associated with the historic buildings. 
By complying with the terms and conditions of the proposed lease, 
the building owners would maintain the historic buildings. This 
maintenance will assure protection of these buildings as an im- 
portant aspect of the sightseeing opportunity. 

Since the lease does not provide for public access across the 
leased tracts, the public's opportunity to examine and photograph 
buildings, foundations, and other features up close could be denied. 



3-3 



The control of any commercial facilities by BLM, via conces- 
sionaire contracts as a lease stipulation, would help provide 
quality visitor services. 

Aesthetics . The characteristic landscape is one of total modifi- 
cation because of the mining activity and settlement in Silver 
City. However, the modified landscape, because of its historic 
significance, is an important attraction. 

Compliance with the lease requirements pertaining to building 
modifications, earth-disturbing activities, erection of signs and 
exhibits, location of generating plants and gas-powered generators, 
would assure that the historic integrity of the town is not intruded 
upon. Compliance with lease stipulations to regulate the use of 
heavy equipment would help reduce noise levels. 

The development of acceptable sewage disposal systems and the 
removal of solid waste would reduce odor problems. 

Soil . The soils are poorly developed and highly porous. Compliance 
with the terms and conditions of the proposed lease would require a 
short-term increase in activities such as construction and mainte- 
nance of water and sewage facilities that would cause short-term 
soil disturbance (less than one-half acre) in the immediate vicinity. 



The magnitude of soil disturbance is unknown, 
impacts are considered to be negligible. 



The long-term 



Vegetation . Many vegetative species such as wild rye, bluegrass, 
elderberry, roses, willows, lilac, and currants inhabit the yards 
and gardens. Compliance with the terms and conditions of the 
proposed lease would require a short-term increase in activities 
such as sewer and water line construction that would result in 
localized surface disturbance (less than one-half acre total). 
Vegetation would be removed in the immediate work areas where heavy 
traffic or excavation is required. In most cases, the surface 
disturbance would consist of construction of a shallow trench in 
which to lay a small-diameter pipe (one inch to four inch) , for a 
water line. In addition, approximately 50 small pits would also be 
constructed to install vault toilets. These disturbed areas would 
be small in size totaling less than one-half acre. The impacts to 
vegetation would be short-term. There are no known long-term 
impacts to the vegetative resource. 

Wildlife and Fishery 

Wildlife . Wildlife species that would be impacted by the proposed 
action are songbirds, raptors, and small rodents that either are 
partially or wholly dependent upon human structures for a part or 
all of their life requirements (food, water, and cover). 



3-4 



Since it is assumed that the proposed action, due to compliance 
with stipulations of the lease, may initially require lessees to 
spend more time at their dwellings and in the immediate area of 
Silver City to fulfill maintenance stipulations, some impacts to 
local wildlife would occur. The impacts of human-wildlife inter- 
actions would vary depending on amount of increased activity and 
the tolerance of individual wildlife species to human activities. 
Since neither of the above can presently be quantified, impacts are 
discussed in generalities. 

Wildlife species normally associated with old buildings may be 
permanently displaced or may temporarily evacuate their niche, 
depending on maintenance or construction activities. Bird nesting 
and perching areas used by swallows, bats, and songbirds may be 
temporarily removed. Rodent nests and hiding places used by house 
mice and rats may also be eliminated. 

Everyday activities by humans, resulting in loud noises such 
as from cars, generators, firearms, construction, and movement in 
critical areas, such as riparian zones, would permanently or 
temporarily displace wildlife species. Dependency on human activities 
for food and cover would domesticate a few bird and rodent species, 
making them vulnerable to a wild environment when humans are not 
present. 

Vegetation disturbance would temporarily eliminate habitat. 
Hiding cover, space requirements, and food sources for rodents 
would be affected, as well as nest sites for ground-nesting birds. 
Although small areas of disturbance seem minor, consolidation of 
habitat removal may displace animals. 

Long-term impacts to terrestrial wildlife are not anticipated. 
Short-term impacts are limited to human-wildlife interactions. 
Stipulations attached to leases will require maintenance and repair 
of structures. These activities will temporarily displace or 
remove sites presently utilized for feeding, nesting, resting, or 
cover. Wildlife affected will relocate to other buildings or 
natural habitat suitable for meeting the species' life functions. 

F ishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1). The habitat Is in good condition. Assuming 
that habitat alteration activities in and near the townsite would 
not occur in the future and that the State of Idaho water quality 
standards are met and stream flows are maintained, trout, including 
the red-banded trout, would continue to survive successfully. 

Socio-Economic Characteristics 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1960 's, is a quasi-governmental body. 
This is an organization of building owners. 



3-5 



The proposed action should not change the character of the 
Silver City Taxpayers Association. No change in numbers of visitors 
to Silver City would be anticipated. Therefore, no changes are 
expected to income derived from commercial activities in the 
community. It is impossible to predict the changing value of 
buildings that could result from the proposed action. The typical 
residential tract would be leased at fair market value. 

Social Attitudes and Values . Although the proposed lease offers 
tenure to the building owners, is transferable to heirs, is renew- 
able, and the lease rental is not expected to be unreasonable in 
terms of market value, building owners would not feel secure in an 
action of this kind based upon interviews identified in Chapter 2. 

According to the President of the Silver City Taxpayers 
Association, it was concluded at a meeting of homeowners, which was 
held in Murphy, Idaho, on May 10, 1978, that the homeowners will 
not accept a lease. All were in agreement that they would accept 
only a fee title (Orton, June 11, 1978). Some building owners are 
so opposed to a lease that they have threatened to remove their 
buildings. 

Some owners may not be able to pay the lease rental. This 
could force some owners to sell their property. The insecure 
feeling caused by a tenure settlement by lease may motivate some 
owners to sell or remove their buildings. It is difficult to 
predict if any or how many owners would sell or remove their 
buildings. Depending upon the individual owners, the loss would be 
either loss of a second (recreational) property or loss of a 
heritage as described in Chapter 2, 

Building maintenance costs may be greater with the proposed 
lease than at present. 

Service Systems . 

Water Supply . The present water supply system in Silver City 
is comprised of portions of two original systems that date back to 
the town's conception. Approximately 30 buildings are served by an 
18,000-gallon storage tank and laterals. 

The Southwest District Health Department (SDHD) has compliance 
authority at Silver City and would determine whether the water 
meets state and county health standards. If deficiencies are 
located in the system or water quality is found to be substandard, 
the SDHD would require the building owners to correct them. BLM 
lease stipulations support SDHD in assuring that the water in 
Silver City would be safe and potable. 

Small scale repairs may be completed by the Silver City 
Taxpayers Association or other organizations. If remedial steps 



3-6 



require large capital outlays, building owners may have to seek 
financial assistance from Owyhee County or the State of Idaho. 

Sanitation System . With the exception of one water-borne 
septic tank, all the buildings have outdoor privies. Many of these 
privies need repair or maintenance to meet state standards. 
Compliance with the proposed lease stipulations would require that 
each lessee have a sewage disposal that meets county and state 
health regulations. Inspection and compliance authority lie with 
SDHD. The lessee would be required to correct and maintain these 
outhouses to comply with lease stipulations. Sewage facilities 
would be inspected periodically by the SDHD to assure continued 
compliance with State law. 

The SDHD revealed that the majority of outhouses do not meet 
state and county health standards. Deficiencies were identified - 
many of the structures allowed access to vermin and most facilities 
did not have watertight, sealed vaults underneath. This enhances 
the probability of human sewage leaching into Jordan Creek, especially 
from the outhouses near the stream. 

Improvement of the water supply system, sewage and solid waste 
disposal would provide a healthier, more sanitary and safer condition 
for Silver City visitors and occupants. 



3-7 



Chapter 4 
Mitigation Measures 



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Mitigation measures are covered by lease stipulations in the 
proposed action and would be required if the proposal is implemented, 



4-1 






Chapter 5 

Unavoidable Adverse Impacts 



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OWYHEE BREWERY VAT 



IMPACT ANALYSIS 



(Adverse impacts are identified in the same sequence as in 
Chapter 3.) 

Cultural Resource 

Archaeology . In spite of the precautions taken during construction 
activities any site which is disturbed will lose some of its 
historic integrity if not its scientific and interpretive values. 
Once disturbed, it remains so. Once destroyed, that portion of a 
site is lost to future studies and interpretations. 

Land Use 

Recreation . Most recreation opportunities involve passive activities 
such as sightseeing, photography, and historic interpretation which 
are directly associated with the sensory quality of the cultural 
resources; the buildings, foundations, old mining equipment, tailings 
piles, etc. Part of the visitor experience is to look closely at 
these features and even touch them in some cases. The quality of a 
recreation experience could be reduced if an individual is denied 
access across a leased tract, and loses his chance to examine the 
features . 

Aesthetics 

There would be periods when the noise levels associated with 
the construction activities intrude on the historic scene. This 
impact is considered to be a short-term adverse impact. 

Vegetation 

Minimal amounts%of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation would restore native vegetation. 
Routine maintenance Would improve the vegetative setting. 

Undesirable vegetation such as curly cup gumweed , cheatgrass, 
and annual weeds would become established after rehabilitation. 
After establishment, these species often increase until they 
dominate the vegetative stand. 

Wildlife 

Human/wildlife interactions cannot be avoided and the degree 
of interaction cannot be quantified. Some wildlife species would 
leave the area when human activities reach intolerant levels. 



5-1 



Wildlife species such as ground squirrels and chipmunks can be 
tolerant of human activity and would have behavior patterns and 
habits, such as a dependency for food, changed as a result of human 
interactions . 

Socio-Economic Characteristics 

Building owners would not feel secure in their tenure on the 
land under a lease situation. 

The lease rental could be a hardship to some owners. This may 
cause them to sell their building. If the property is a family 
heirloom, the loss is greater than if the property is just a second 
home for recreational purposes. 

Maintenance costs may be greater to meet the requirements of 
lease stipulations than at present. 

Compliance to state health regulations concerning water and 
sewer systems may require an undetermined outlay of money. 





5-2 




Chapter 6 

Relationship Between Local Short Term 
Uses of Mans Environment and 
Maintenance and Enhancement of Lonj 
Term Productivity 




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Silver City buildings have occupied public land since the 
1860's. The proposed lease would allow the building owners to 
continue occupancy of public land and would not change the present 
land use. The proposed action does not involve any known losses to 
the long-term productivity. 



6-1 



Chapter 7 

Irreversible and Irretrievable 

Commitment of Resources 



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CATHOLIC CHURCH 



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Building maintenance and construction associated with the 
improvement of toilets and the water system would require a commit- 
ment of materials including gravel, sand, cement, steel, and 
lumber. These basic materials are partially reclaimable. However, 
their commitment to the project would be considered long-term and 
irreversible. 



The building owners would expend manpower, capital, and 
energy to maintain and construct the buildings and additions. 
BLM would expend capital and time to administer the proposal, 
commitment is considered irretrievable. 



The 
This 



Construction activities may disturb the surface and destroy 
cultural artifacts or features before being halted. Although 
accidental, this possible loss of cultural materials would be 
irreversible. The opportunity for future study of the material 
would also be lost. 

The proposal would also perpetuate the use of the land as 
sites for structures and this land would be unavailable for other 
uses for the life of the project. 

Estimated annual funding to administer proposed action: 



BLM 

Southwest District Health 
Department 



$20,000 

2,000 
$22,000 



Estimated annual use of fuel resources to administer 
proposed action: 



BLM 

Southwest District Health 
Department 



120 gallons gasoline 



20 



140 gallons gasoline 



7-1 



Chapter 8 
Alternatives 



the Proposed Action 











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IDAHO HOTEL 



A 



INTRODUCTION 



This chapter focuses on seven alternatives to the proposed 
action. These alternatives are other ways of preserving and 
protecting a regionally recognized historic site as well as re- 
solving the unauthorized use of public land. The alternatives are: 
(1) no action; (2) sale of public land to building owners; (3) sale 
of public land to a nonprofit organization; (4) lease public land 
to a nonprofit organization; (5) federal acquisition of all buildings 
and lease to seller; (6) federal acquisition of four historic 
buildings; and (7) special legislation. 



PROCEDURE 



Impacts will be identified for each alternative, followed by 
a discussion of the mitigation measures and the adverse impacts 
that cannot be avoided. Table 8-1 summarizes the impacts from each 
alternative. 



5-1 



TABLE 8-1 
SUMMARY OF ANTICIPATED IMPACTS 



RESOURCE 



CULTURAL 
RESOURCE 



LAND 
USE 



TYPE 

OF 

IMPACT 



ADVERSE 



PROPOSED 
ACTION 



Archaeological sites 
would continue to be 
disturbed. 



SALE OF PUBLIC LAND 
TO SILVER CITY 
BUILDING OWNERS 



AT.TF.RNATUO: 



Archaeological sites 
would continue to be 
disturbed. 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



RECREATION 



AESTHETICS 



SOILS 



ADVERSE 



Ongoing impacts to the 
archaeological re- 
source would be re- 
duced or controlled. 
Historic buildings 
protected from intru- 
sive altera t ion . 



Ongoing impacts to the 
archaeological re- 
source would be con- 
trolled. Historic 
buildings protected 
from intrusive altera- 
tions. 



No quantifiable 
change in grazing; no 
impact to mininp 



Public access on 
tracts could be de- 
nied, reducing recre- 
ation experience. 



SALE OF PUBLIC LAND 

TO NON-PROFIT 

ORGANIZATIONS 



.altf.rnattvfT 



Archaeological sites 
would continue to be 
disturbed. 



Ongoing impacts to the 
archaeological re- 
source would be con- 
trolled. Historic 
buildings protected 
from intrusive altera- 
tions. 



No quantifiable 
change in grazing; no 
impact to mining. 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



Historic integrity 
would be maintained; 
overall recreational 
experience improved. 



Public access on 
tracts could be de- 
nied, reducing recre- 
ation experience. 



Historic integrity 
would be maintained; 
overall recreational 
experience improved. 



Short-term increase 
in noise levels asso- 
ciated with increased 
construction activi- 
ties. 



Scene kept in harmony 
wit h his toric setting. 



Localized short-term 
disturbances of less 
than one-half acre. 



None 



VEGETATION 



ADVERSE 



BENEFICIAL 



Localized short-term 
disturbances of less 
than one-half acre. 



Short-term increase 
in noise levels asso- 
ciated with increased 
construction activi- 
ties. 



Scene kept in harmony 
with historic setting, 



No quantifiable 
change in grazing; no 

impact to mining. 



Public access on 
tracts could be de- 
nied, reducing recre- 

ation experience. 

Historic integrity 
would be maintained; 
overall recreational 
experience improved. 



Short-term increase 
in noise levels asso- 
ciated with increased 
construction activi- 
ties. 



Localized short-term 
disturbances of less 
than one-half acre. 



None 



Localized short-term 
disturbances of less 
than one-half acre. 



None 



None 



WILDLIFE 



SOCIO- 
ECONOMIC 
CHARACTER- 
ISTICS 



ADVERSE 



BENEFICIAL 



ADVERSE 



Wildlife/human inter- 
action. 



None 



Building owners still 
insecure; rental cost 
may force sale of 
building for some. 
Maintenance costs may 
be greater. 



BENEFICIAL 



Improvement of water 
§ sewage system. 



Wildlife/human inter- 
action. 



None 



Building owners may 
not be able to pur- 
chase tract & have to 
sell building. Main- 
tenance costs may be 
greater. 



Scene kept in harmony 
with historic setting. 



Localized short-term 
disturbances of less 
than one-half acre. 



None 



Localized short-term 
disturbances of less 
than one-half acre. 



None 



Wildlife/human inter- 
action. 



None 



Building owners still 

insecure; rental cost 

may force sale of 
I building for some. 

Maintenance costs may 
jbe greater. Third party 
!may cause greater frus- 
! t rat ion. 



Owyhee County acquire 
ladditional $2,400 tax 
revenue. Buildings 
could increase in val- 
ue. Building owners 
secure. 



; Owyhee County acquire 
jadditional S2.400 tax 
revenue. 



Note: 



Alternative 1, No Action, is not considered to be 
not evaluated. 



a viable alternative and is 



TABLE 8-1 

SUMMARY OF ANTICIPATED IMPACTS 
(Continued) 



RESOURCE 



CULTURAL 
RESOURCE 



LAND 
USE 



TYPE 

OF 

IMPACT 



LEASE OF PUBLIC LAND 
TO NON-PROFIT 
ORGANIZATIONS 



FEDERAL ACQUISITION 
OF ALL BUILDINGS AND 
LEASE TO SELLER 



ADVERSE 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



ADVERSE 



ALTERNATIVE 4 



Archaeological sites would con- 
tinue to be disturbed. 



Ongoing impacts to the archaeolo- 
gical resource would be controlled 
or reduced. Prevent future in- 
trusive modification to buildings. 



No quantifiable change in grazing 
no impact to mining. 



ALTERNATIVE 5 



Archaeological sites would con- 
tinue to be disturbed. 



Ongoing impacts to the archaeolo- 
gical resource would be controlled 
or reduced. Protect historic 
buildings on the tracts. 



No quantifiable change in grazing; 
no impact to mining. 



RECREATION 



AESTHETICS 



SOILS 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



ADVERSE 



BENEFICIAL None 



Public access on tracts could be 
denied, reducing recreation 
experience. 



Historic integrity would be main- 
tained; overall recreational ex- 
perience improved. 



Short-term increase in noise 
levels associated with increased 
construction activities. 



Scene kept in harmony with 
historic setting. 



Localized short-term disturbances 
of less than one-half acre. 



None 



Historic integrity would be main- 
tained; overall recreational ex- 
perience improved. BLM would have 
capability for displays & exhibits 
providing high-quality visitor 
experience. 



Short-term increase in noise 
levels associated with increased 
construction activities. 



Scene kept in harmony with 
historic setting- 



Localized short-term disturbances 
of less than one-half acre. 



None 



VEGETATION 



WILDLIFE 



ADVERSE 



Localized short-term disturbances 
of less than one-half acre. 



BENEFICIAL 



ADVERSE 



SOCIO- 
ECONOMIC 
CHARACTER- 
ISTICS 



BENEFICIAL 



ADVERSE 



BENEFICIAL 



None 



Wildlife/human interaction. 



None 

Building owners still insecure; 
rental cost may force sale of 
building for some. Maintenance 
costs may be greater. Third party 
may cause greater frustration. 



Localized short-term disturbances 
of less than one-half acre. 



None 



Wildlife/human interaction. 



None 



Improvement of water and sewage 
systems. 



Impact upon building owners trom 
loss of buildings. Rental cost may 
be too high for some owners and lose 
contact with building. Owyhee 
County would lose $870 in tax revenue 
per year. 



Improvement of water and sewage 
systems. 



3-3 



TABLE 8-1 

SUMMARY OF ANTICIPATED IMPACTS 
(Continued) 



RESOURCE 


TYPE 

OF 

IMPACT 


FEDERAL ACQUISITION OF FOUR 

BUILDINGS & LEASE PUBLIC LAND TO 

REMAINING BUILDING OWNERS 


SPECIAL LEGISLATION 


CULTURAL 
RESOURCE 


ADVERSE 


Archaeological sites would con- 
tinue to be disturbed. 


...... ALTERNATIVE 7 

zuo archaeological sites and i 

ruins would revert to private 

ownership. Archaeological sites 

would continue to be disturbed. 

Lose opportunity for federal mgmt. 




BENEFICIAL 


Ongoing impacts to the archaeolo- 
gical resource would be controllec 
or reduced. Protect historic 
buildings on the tracts. 


Ongoing impacts to the archaeolo- 
gical resource should be lessened; 
historic buildings would be 
protected. 


LAND 


ADVERSE 




Approx. 2 AUMs presently available 
for livestock grazing would be lost 
out of 6,000 AUMs. 


USE 


BENEFICIAL 


No quantifiable change in grazing; 
no impact to raining. 


No impact to mining. 




ADVERSE 


None 


Public access to buildings could 
be denied, reducing recreational 
experience. 


RECREATION 


BENEFICIAL 


Historic integrity would be main- 
tained; overall recreational ex- 
perience improved. BLM would have 
capability for displays & exhibits 
in the 4 buildings increasing 
visitor experience. 


Building historic integrity would 
be maintained. Maintain visitor 
experience. 


AESTHETICS 


ADVERSE 


Short-term increase in noise 
levels associated with increased 
construction activities. 


Noise levels could increase. 




BENEFICIAL 


Scene kept in harmony with 
historic setting. 


None 


SOILS 


ADVERSE 


Localized short-term disturbances 
of less than one-half acre. 


Localized short-term disturbance. 




BENEFICIAL 


None 


None 


VEGETATION! 


ADVERSE 


Localized short-term disturbances 
of less than one-half acre. 


Localized short-term disturbance. 


i 


BENEFICIAL 


None 


None 


1 
WILDLIFE 


ADVERSE 


Wildlife/human interaction. JLoss of federal opportunity to 

imanage wildlife habitat on 
: 32 acres. 


BENEFICIAL 


None 


None 


SOCIO- 
ECONOMIC 
CHARACTER- 
ISTICS 


ADVERSE 


Impact upon building owners of 4 
buildings; remainder still inse- 
cure. Some building owners may 
not be able to pay rental and have 
to sell. Owyhee County would lose 
$18 in tax revenue per year. 


None 




BENEFICIAL 


Improvement of water and sewage 
systems . 


Uncertainty to building owners re- 
solved; Owyhee County would receive 
additional tax revenue of 32,400 or 
more. Building values would increase 



8-4 



ALTERNATIVE 1 
NO ACTION 



Description 

For this alternative it can be assumed that: (1) the unau- 
thorized use of public land within Silver City will continue for 
the next twenty years; (2) the Silver City Zoning Ordinance would 
be retained and enforced by the Owyhee County Commissioners. The 
effectiveness of the ordinance to protect the historic buildings 
would not substantially change (see Chapter 2); (3) the BLM would 
maintain the present minimal recreation and cultural management 
program for the Silver City community. Map 8-1 shows the major 
buildings in Silver City that occupy public land without authori- 
zation. 

The existing occupancy trespass cannot be continued under 
present law. Thus, the no action alternative is not considered to 
be a viable alternative and will not be addressed further in the 
ES. However, an impact analysis for this alternative would be 
similar to the narrative found in Chapter 2, under Future Environ- 
ment without the Proposed Action. 

Section 302(b) of Federal Land Policy and Management Act 
(FLPMA) directs the Secretary to regulate the use, occupancy, and 
development of public lands through easements, permits, leases, 
licenses, published rules, or other instruments. 



8-5 




8-6 



ALTERNATIVE 2 
SALE OF PUBLIC LAND TO BUILDING OWNERS 



Description 

Section 203 of Federal Land Policy and Management Act of 1976 
(FLPMA) allows the Secretary of the Interior to sell public lands 
at fair market value only if the sale meets the following disposal 
criteria: (1) the tract must be difficult and uneconomical for the 
BLM to manage and not suitable for management by another Federal 
department or agency; or (2) the tract was acquired for a specific 
purpose and is no longer required for that or any other Federal 
purpose; or (3) disposal of the tract will serve important public 
objectives which cannot be achieved on nearby private land and 
which outweigh other public objectives which would be served by 
maintaining the tract in Federal ownerhsip. 

Seventy tracts containing 5.5 acres of public land in Silver 

City, Idaho, would be sold at fair market value to current building 

owners upon proof of ownership. Map 8-2 indicates the tracts which 
would be sold under this alternative. 

In accordance with the authority of Section 208 of FLPMA 
(which allows BLM to place covenants, conditions, and reservations 
on patents or other documents of conveyance) , the patent will be 
subject to, but not limited to, the following: (1) provision to 
protect the archaeological and historic resource (see Appendix E) . 
These provisions would be coordinated with the Idaho State Historic 
Preservation Office (SHPO) pursuant to the "Procedures for the 
Protection of Historic and Cultural Properties" (36 CFR, Part 800) 
to assure that the historic structures, archaeological sites, or 
other cultural resources are not inadvertently compromised, lost, 
or destroyed; (2) provision that survivors and assignees would 
comply with all patent provisions. 

Section 209 of the FLPMA also requires that all minerals be 
reserved for the United States, together with the right to prospect 
for, mine and remove the minerals under applicable law and such 
regulation as the Secretary of the Interior prescribes. 



5-7 



. 




8-8 



IMPACT ANALYSIS 



Cultural Resource 

Historic Buildings . The public lands of Silver City are occupied 
by 70 privately owned buildings. Although most of these buildings 
have been altered, 65 have historical value. 

Compliance with the patent provisions should assure that 
historically accurate building alterations are made. The long-term 
impacts should be the protection and preservation of a regionally 
recognized historic site, although the degree of protection cannot 
be quantified. 

Historic Archaeology . Of the 70 tracts to be sold, 22 tracts 
indicate a very high potential for both scientific data and public 
interpretation, 40 tracts showed scant surface evidence or extremely 
low potential for scientific data, 3 tracts had so much surface 
evidence that there is a potential for loss of scientific and 
interpretative data and 4 tracts could not be adequately inspected. 

By complying with the patent provisions on-going impacts to 
the archaeological resource would be controlled. 

The sale would also mean a permanent loss of the opportunity 
for full federal management. 

In spite of the precautions taken by the building owners, 
continued occupancy of the public land tracts proposed for sale 
would result in an unknown amount of continued disturbance to the 
archaeological resource. Any archaeological site which becomes 
disturbed would lose integrity if not scientific and interpretative 
value. Once disturbed, that portion of a site is lost to future 
field studies and interpretation. 

Under this alternative, the archaeological resource may 
sustain fewer impacts than at present (see Chapter 2). 

Land Use 

Grazing . The proximity of the proposed tracts to the human dwellings 
and activities negates grazing. The proposal would result in no 
changes in grazing. 

Mining . Mining activities ceased more than 50 years ago. The 
history of the mining district indicates that rich ore occurred 
only near the surface and has now been mined out. There is little 
or no potential for new discoveries. A 1974 withdrawal prevents 
mineral location and entry under the mining laws. Since the proposed 
sale of public land is subject to existing valid mining rights, 
there are no impacts to the mineral resource or mining. 



8-9 



Recreation 

Silver City's primary recreation is sightseeing and photo- 
graphy. Compliance with the patent provisions would help maintain 
the historic setting. The visitor would be provided a better 
historic experience. 

Since the patent provisions do not guarantee public access to 
the tracts, the public opportunity to closely examine and photograph 
buildings, foundations and other locations will be lost. 

Aesthetics 

Past mining and settlement activities have totally modified 
the landscape of Silver City. Compliance with the, patent pro- 
visions would not cause additional impacts to the visual resource. 

Since the BLM would not exercise control over the installation 
of power operating plants on the patented tracts, the noise level 
from operating these power plants may increase. The increase of 
noise cannot be quantified but would depend upon the number and 
type of plants installed. An increase in noise levels would 
intrude upon the historic scene. 

If the state sewage disposal standards are met by the building 
owners, there would be no adverse aesthetic impact resulting from 
improving the sewage disposal system. 

Soil 

The soils of the area are poorly developed and highly porous. 
Building repair and maintenance would result in soil disturbance of 
less than one-half acre. 

Vegetation 

Many vegetative species such as wildrye, bluegrass, elderberry, 
roses, willows, lilac, and currants inhabit the yards and gardens. 
The vegetation would be impacted by the construction and repair 
activities necessary to maintain buildings and supporting facili- 
ties. The impact would be confined to the construction areas (less 
than one-half acre) and would have minor short-term impacts. There 
are no quantifiable long-term impacts to this resource. 

Wildlife and Fishery 

Wildlife . Wildlife species that would be impacted by the proposed 
action are songbirds, raptors and small rodents who are either 
partially or wholly dependent upon human structures for their life 
requirements (food, water, and cover). 



8-10 



Wildlife species normally associated with old, run-down 
buildings would be permanently displaced or would temporarily 
evacuate their niche depending on maintenance or construction 
activities. Bird nesting and perching areas and rodent nests and 
hiding places may be removed. 

Everyday activities by humans resulting in loud noises from 
cars, generators, firearms, or construction and movement in critical 
areas, such as riparian zones, would permanently or temporarily 
displace wildlife. Dependency on human activities for food and 
cover would domesticate a few bird and rodent species, making them 
vulnerable to a wild environment when humans are not present. 

Any vegetation disturbance would temporarily eliminate habi- 
tat. Hiding cover, space requirements, and food sources for 
rodents would be affected, as well as nest sites for ground-nesting 
birds. Although small areas of disturbance seem insignificant, 
consolidation of habitat removal may displace animals. Long-term 
impacts to terrestrial wildlife are not anticipated. Short-term 
impacts are limited to human-wildlif e interactions. Patent pro- 
visions would require maintenance and repair of structures. These 
activities would temporarily displace or remove sites presently 
utilized for feeding, nesting, resting, or cover. Wildlife affected 
will relocate to other buildings or natural habitat suitable for 
meeting the species life functions. 

Fishery. In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1). Habitat is in good condition. 

Assuming that habitat alteration activities in and near the 
township would not occur in the future and that the State of Idaho 
water quality standards are met and stream flows are maintained, 
trout, including the red-banded trout, would continue to . survive 
successfully. 

Socio-Economic Characteristics 

Owyhee County . Owyhee County is a rural, agricultural county lo- 
cated in the southwest corner of Idaho. The 70 tracts of public 
land to be sold under the alternative are estimated to have an 
average value of $2,500 per tract. Current tax rates for Owyhee 
County would establish a total of $2,400 additional revenue from 
these tracts. A definite beneficial impact would accrue to Owyhee 
County from an increase In tax revenue. 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1 960' s, is a quasi-governmental body. 
This is an organization of building owners. 

Sale of individual tracts would give the community a more 
permanent character. Building values would increase as a result of 



8-11 



stabilizing the occupancy situation and creating a scarce commodity 
by limiting occupancy only to the present building owners. The 
community would benefit from implementing this alternative. 

Social Attitudes and Values . According to the President of 
Silver City Taxpayers Association, the homeowners are willing to 
accept a title under this alternative, if the title restrictions 
are not a type which would place a financial hardship on them, or 
allow the Federal government to strip a homeowner of his land and 
building at the stroke of a pen (Orton, June 11, 1978). When the 
Silver City homeowners and BLM come to an agreement the uncertainty 
which has existed for many years over ultimate disposition of the 
Silver City occupancy issue would be resolved by the sale alterna- 
tive. 

The building owners who could afford to purchase the tract 
would probably do so. However, it is possible that some building 
owners could not afford to purchase tracts. If so, they would be 
forced to sell their building at fair market value. 

Building owners would feel they had a more permanent settle- 
ment of the land tenure problem. It should improve their cooper- 
ation with BLM to preserve the historic integrity of the community. 

Service Systems . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by a 18, 000-gallon storage tank and laterals. 

With the exception of one water-borne septic tank, all the 
buildings have outdoor privies. Many of these privies need repair 
or maintenance to meet state standards. 

The Southwest District Health Department determines whether 
sewage facilities and domestic water supplies meet state and 
county health regulations. If deficiencies are found, the com- 
munity would be required to correct them. Enforcement of health 
laws would result in greater protection of public health. 

It is impossible to predict compliance with state health laws 
by building owners. 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resource 

Historic Archaeology . Archaeological sites disturbed from mainte- 
nance activity will lose historic integrity if not scientific and 



8-12 



\ i 



interpretive values. Once disturbed, they remain so. Once destroyed, 
that portion of a site is lost to future field studies and inter- 
pretations . 

Recreation 

The quality of the recreation experience could be reduced if 
the general public is denied access to the tracts sold. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of building maintenance. Rehabilitation would restore native 
vegetation. Routine plant maintenance would improve the vegetative 
setting. However, some undesirable vegetation would become estab- 
lished after rehabilitation. After establishment, these species 
often dominate the vegetative stand. 

Wildlife and Fishery 

Human/wildlife interactions cannot be avoided but the amount 
cannot be quantified. Some wildlife species would leave the area 
when human activities reach intolerant levels. Some wildlife 
species are not very tolerant of human activity and would have 
behavior patterns and habits changed as a result of human interactions, 

Socio-Economic Characteristics 

Some building owners may not be able to purchase the tract and 
would be forced to sell their building. The sale of these tracts 
would eliminate the future transfer of these lands to local, state 
or other federal agencies . 



5-13 



ALTERNATIVE 3 
SALE OF PUBLIC LAND TO 
NONPROFIT ORGANIZATIONS 



Description 



The Recreation and Public Purposes Act (R&PP) of 1926 (44 
Stat. 741, 43 U.S. C. 864-4), as amended by Sec. 212 of the Federal 
Land Policy and Management Act of 1976 (FLPMA) , gives the Secretary 
of the Interior the authority to sell public land at fair market 
value minus a public benefit allowance to a qualified applicant. 
Public land disposed of under this authority cannot be of national 
significance nor more than is reasonably necessary for the proposed 
use. 

Under this alternative, a qualified applicant, which could 
include the State of Idaho, political subdivision, counties and 
municipalities, and bonafide nonprofit associations or corpora- 
tions, could buy the 70 tracts of public land occupied by buildings. 
The qualified applicant would, in turn, lease these tracts to the 
persons owning the historic buildings. Map 8-3 indicates the 
public land tracts which would be sold. 

Prior to the disposal of public land, an applicant would have 
to submit a detailed preservation plan that would include provisions 
to protect the archaeological and historic resources. This plan 
would be coordinated with the Idaho State Historic Preservation 
Officer pursuant to the "Procedures for the Protection of Historic 
and Cultural Properties" (36 CFR, Part 800), to assure that the 
historic structures, archaeological sites, or other cultural resources 
are not inadvertently compromised, lost, or destroyed. The plan 
must be prepared to the satisfaction of the SHPO and BLM before the 
public land would be sold. 

The sale of public lands under this alternative will be sub- 
ject to, but not limited to, the terms and conditions of the Code 
of Federal Regulations (CFR), Title 43, Part 2740. In accordance 
with these regulations, the following provisions will be placed 
upon the patent: (1) All mineral rights of the public land will be 
reserved to the United States, together with the right to mine and 
remove minerals under applicable laws. However, the regulations 
make it plain that no minerals, other than the leasable minerals, 
may be disposed of until rules and regulations are issued by the 
Secretary of the Interior; (2) Failure to comply with the approved 
preservation plan or the terms of the conveyance would cause title 
to the lands to revert to the federal government. Non-compliance 
would result in court action. 



3-14 




Approximate location of proposed 
tracts of public land to be sold 
Approximate location of privately 
owned buildings 



8-15 



IMPACT ANALYSIS 



Cultural Resource 



Historic Buildings . The public lands of Silver City are occupied 
by 70 privately owned buildings. Although most of these buildings 
have been altered, 65 have historic value. 

Compliance with the patent provisions (preservation plan) 
should assure that historically accurate building alterations are 
made. The long-term impacts should be the protection and preser- 
vation of a regionally recognized historic site, although the 
degree of protection cannot be quantified. 

Once title passes to the agent and building owners lease the 
lots, BLM would lose direct control. However, indirect control 
would be retained through administration of patent provisions. 

Historic Archaeology . Of the 70 tracts to be sold, 22 tracts have 
indicated a very high potential for both scientific data and 
public interpretation, 40 tracts showed scant surface evidence or 
extremely low potential for scientific data, 3 tracts had so much 
surface evidence that there is potential for loss of scientific and 
interpretative data, and 4 tracts could not be adequately inspected. 

By complying with the patent provisions, which require a 
preservation plan, on-going impacts to the archaeological resource 
would be controlled. 

In spite of the precautions taken by the building owners, 
continued occupancy of the public land tracts proposed for sale 
would result in continued disturbance to the archaeological resource 
which cannot be quantified. Any archaeological site which is 
disturbed would lose some of its integrity if not its scientific 
and interpretative values. Once disturbed, that portion of a site 
is lost to future field studies and interpretations. 

Under this alternative the archaeological resource may sustain 
fewer impacts than at present (see Chapter 2). 

Land Use 

Grazing . The proximity of the proposed tracts to the human dwellings 
and activities negates grazing value. The proposal would result in 
no changes to the grazing resource. 

Mining . Mining activities ceased more than 50 years ago. The 
history of the mining district indicates that rich ore occurred 
only near the surface and has been mined out. There is little or 
no potential for new discoveries. A 1974 withdrawal prevents 



8-16 



■ 



mineral location and entry under the mining laws . Since the 
proposed sale of public land is subject to existing valid mining 
rights, there are no known impacts to the mineral resource or 
mining. 

Recreation 

Silver City's primary recreation value is sightseeing and 
photography. Compliance with the patent provisions would require 
maintenance and restoration work on buildings to be in keeping with 
the historic setting of the community. This would result in a 
beneficial impact by providing the recreation visitor with a 
quality experience. 

Since the patent provisions do not provide for public access 
to the tracts, the public's opportunities to examine and photograph 
buildings, foundations, and other features up close would be 
denied. 

Aesthetics 

Past mining and settlement activities have totally modified 
the landscape of Silver City. Compliance with the patent provisions 
would not cause additional impacts to the visual resource. 

Since the BLM would not exercise control over the installation 
of power generating plants on the patented tracts, the noise level 
from operating these power plants may increase. The magnitude of 
increased noise cannot be quantified but would depend upon the 
number and type of plants installed. An increase in noise levels 
would intrude upon the historic scene. 

If the state sewage disposal standards are met by the building 
owners, there would be no adverse impacts to recreation. 

Soil 

The soils of the area are highly porous and poorly developed. 
Repair and maintenance of buildings and facilities would result in' 
localized soil disturbance. The impacts on soil cannot be quan- 
tified, but would be confined to an area of less than one-half 
acre. The short-term impacts are considered to be negligible. 

Vegetation 

Many vegetative species such as wildrye, bluegrass, elderberry, 
roses, willows, lilac, and currants inhabit yards and gardens. The 
vegetation would be impacted by the construction and repair activites 
necessary to maintain buildings and supporting facilities. The 
impact would be confined to the construction areas (less than one- 
half acre) and should have minor short-term impacts. There are no 
quantifiable long-term impacts. 



8-17 



Wildlife and Fishery 

Wildlife . Wildlife species that would be impacted by the proposed 
action are songbirds, raptors, and small rodents that are either 
partially or wholly dependent upon human structures for their life 
requirements (food, water, and cover). 

The wildlife resource would be impacted by everyday human 
activities as well as by construction and repair of buildings or 
structures. Although this impact cannot be quantified, wildlife 
species normally associated with old, run-down buildings would be 
permanently displaced or would temporarily evacuate their niche 
depending on maintenance or construction activities. Bird nesting 
and perching areas and rodent nests and hiding places may be removed. 

Everyday activities by humans, resulting in loud noises from 
cars, generators, firearms, or construction and movement in critical 
areas, such as riparian zones, would permanently or temporarily 
displace wildlife species depending on their tolerance. Dependency 
on human activities for food and cover would domesticate a few bird 
and rodent species, making them vulnerable to a wild environment 
when humans are not present. 

Any vegetation disturbance would temporarily eliminate habitat. 
Hiding cover, space requirements, and food sources for rodents 
would be affected, as well as nest sites for ground-nesting birds. 
Although small areas of disturbance seem insignificant, consolidation 
of habitat removal may displace animals. 

Significant long-term impacts to terrestrial wildlife are not 
anticipated. Short-term impacts are limited to human-wildlife 
interactions. Patent provisions would require maintenance and 
repair to structures. These activities would temporarily displace 
or remove sites presently utilized for feeding, nesting, resting, 
or cover. Wildlife affected would relocate to other buildings or 
natural habitat suitable for meeting the species' life functions. 

Fishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1) . Habitat is in good condition. 

Assuming that habitat alteration in and near the townsite 
would not occur and that the State of Idaho water quality standards 
are met and stream flows are maintained, trout, including the red- 
banded trout, would continue to survive successfully. 

Socio-Economic Characteristics 



Owyhee County . Owyhee County is a rural , agricultural county 
located in the southwest corner of Idaho. The 70 tracts of public 
land to be sold under this alternative are estimated to have an 
average value of $2,500 per tract. Current tax rates for Owyhee 



County would establish $2,400 additional revenue from these tracts. 
A beneficial impact would accrue to Owyhee County from an increase 
in tax revenue. 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1960 's, is a quasi-governmental body. 
This is an organization of building owners. 

Sale of individual tracts would give the community a more 
permanent character. Building values would increase as a result 
of stabilizing the occupancy situation and creating a scarce com- 
modity by limiting occupancy only to the present building owners. 

Social Attitudes and Values . The uncertainty which has 
existed for many years over the ultimate disposition of the Silver 
City occupancy issue would be resolved by implementing this 
alternative. 

Most building owners who can afford to purchase the tracts 
would do so. However, it is possible that some building owners 
could not afford to purchase a tract. If this were the case, it 
would probably force an owner to sell the building at fair market 
value. Depending upon the individual building owner, the loss 
Would be either loss of a recreational property or a heritage as 
described in Chapter 2. 

Injection of a third party could worsen cooperation between 
BLM and the building owner to preserve the historic integrity of 
the community. Building owners would probably consider this 
alternative as creating greater frustration than the current 
situation. 

Service Systems . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by a 18 ,000-gallon storage tank and laterals. 

With the exception of one water-borne septic tank, all the 
buildings have outdoor privies. Many of these privies need repair 
or maintenance to meet state standards. 

The Southwest District Health Department determines whether 
sewage facilities and domestic water supplies meet state and 
county health regulations. If deficiencies are found, the community 
would be required to correct them. Enforcement of health laws 
would better protect the public health. 

It is impossible to predict compliance to state health laws 
by building owners. 



8-19 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resource 

Historic Archaeology . Archaeological sites disturbed from maintenance 
activity will lose some of their historic integrity if not their 
scientific and interpretive values. Once disturbed, a site remains 
so. Once destroyed, that portion of a site is lost to field studies 
and interpretations. 

Recreation 

The quality of the recreation experience could be reduced if 
the general public is denied access to the tracts sold. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation efforts would restore native 
vegetation. Routine maintenance would improve the vegetative 
setting. Some undesirable vegetation would become established 
after rehabilitation. After establishment, these species often 
dominate the vegetative stand. 

Wildlife and Fishery 

Human/wildlife interactions cannot be avoided. However, the 
degree of interaction cannot be quantified. Some wildlife species 
would leave the area when human activities reach intolerant levels. 
Some wildlife species are very tolerant of human activity and they 
would have behavior patterns and habits changed as a result of 
human interactions. 

Socio-Economic Characteristics 

An undetermined number of building owners may not be able to 
afford to purchase the proposed tract and would be forced to sell 
their buildings. 

Third party involvement may create greater frustration for the 
building owners than presently exists and may worsen the cooperation 
between the building owners and the BLM. 



8-20 



ALTERNATIVE 4 

LEASE OF PUBLIC LAND TO 

NONPROFIT ORGANIZATIONS 



Description 

Unless public lands are dedicated for specific use, the 
Secretary of the Interior is authorized by Section 302 of Federal 
Land Policy and Management Act (FLPMA) to lease public lands for 
habitation or other purposes in accordance with a land use plan. 
The Recreation and Public Purposes Act (R&PP) also authorizes the 
lease of public lands to nonprofit organizations. 

A qualified nonprofit organization could lease 70 individual 
tracts on 5.5 acres of public land within Silver City. They would, 
in turn, sublease these individual tracts to persons occupying 
them, with approval from BLM. Map 8-4 shows the tracts of public 
land to be leased. 

Lease under FLPMA authority would be at fair market value (see 
Appendix A) . R&PP lease rental would be at the appraised fair 
market value minus an allowance for any public benefit that may be 
allowed by BLM. 

A Section 302 (FLPMA) lease would contain the same provisions 
as described in Chapter 1. 

As required by the Code of Federal Regulations, Title 43, 
Subpart 2912, Recreation and Public Purposes Act, a R&PP lease 
would contain such provisions which BLM considers necessary for the 
proper development of the land, for the protection of Federal 
property, and for the protection of the public interest. The non- 
transferable lease would be subject to, but not limited to, the 
following: 

(1) Provisions to protect the archaeological and historic 
resource. This provision would require all approved applicants to 
submit a detailed plan of preservation for each tract of public 
land to be leased. This plan would be coordinated with the Idaho 
State Historic Preservation Officer pursuant to the "Procedures for 
the Protection of Historic and Cultural Properties" (36 CFR, Par. 
800) to assure that the historic structures, archaeological sites, 
or other cultural resources are not inadvertently compromised, 
lost, or destroyed. The preservation plan must be prepared to the 
satisfaction of the SHPO and the BLM before the public land would 
be leased. 



8-21 




LEGEND 

Approximote location of proposed 
tracts of public land to be leased 
Approximate location of privately 
owned buildings 



8-22 



(2) A provision to reserve the mineral rights of the public 
land to the United States, together with the right to mine and 
remove minerals under applicable laws. Until rules and regulations 
are issued by the Secretary of the Interior, no minerals except 
minerals subject to the leasing laws may be disposed of on the 
leased tracts. 

(3) A provision which terminates the lease upon failure of 
the applicant (lessee) to comply with the terms and conditions. 
Non-compliance would result in administrative action by the BLM. 



IMPACT ANALYSIS 



Cultural Resource 



Historic Buildings . Seventy privately owned buildings occupy 
public land without authorization from BLM within Silver City, 
Idaho. Although most buildings have been modified by the building 
owners in some manner, 65 buildings have historic value. Com- 
pliance with the terms of the proposed lease would control or 
prevent intrusive modification (maintenance, alterations, and 
rehabilitation) by the building owners to the existing buildings. 
The overall long-term impacts of implementing- the proposed lease 
would be to prevent further intrusive modification to the historic 
buildings and removal of ruins and artifacts remaining from the 
historic period. This action would help protect and preserve the 
historic integrity of the community. 

Historic Archaeology . Of the 70 proposed leased tracts surveyed in 
1977, 22 tracts indicated a very high potential for both scientific 
data and public interpretation, 40 tracts showed scant surface 
evidence or extremely low potential for scientific data, 3 tracts 
had so much surface evidence that there is a potential for loss of 
scientific and interpretative data, and 4 tracts could not be 
adequately inspected. 

Compliance with the terms and conditions of the proposed lease 
would reduce or control the following on-going impacts to the 
archaeological resource: (1) amateur archaeological and bottle 
collecting activity; (2) excavation in connection with the mainte- 
nance and repair of existing structures; (3) use of materials from 
ruins for maintenance and repair of existing structures or the 
construction of new buildings. The reduction of impacts cannot be 
quantified. 

In spite of the precautions taken by the building owners and 
BLM, continued occupancy of the proposed lease tracts would result 



3-23 



in continued disturbance to the archaeological resource which 
cannot be quantified. Any archaeological site which becomes 
disturbed would lose some of its integrity if not its scientific 
and interpretative values. Once disturbed, that portion of a site 
is lost to field studies and interpretations. 

Under the proposed lease, the archaeological resource would, in 
the long run, sustain fewer impacts than at present (see Chapter 2) . 

Land Use 

Grazing . The proximity of the proposed tracts to the human dwellings 
and activities negates the value for grazing. The proposal would 
result in no changes to the grazing resource. 

Mining . Mining activities ceased more than 50 years ago. The 
history of the mining district indicates that rich ore occurred 
only near the surface and has now been mined out. There is little 
or no potential for new discoveries. A 1974 withdrawal prevents 
mineral location and entry under the mining laws. Since the 
proposed lease is subject to existing valid mining rights, there 
are no impacts to the mineral resource or mining. 

Recreation 

The primary recreation value is the sightseeing and photography 
opportunity associated with the historic buildings. By complying 
with the terms and conditions of the proposed lease, the building 
owners would maintain the historic buildings. This maintenance 
will assure protection of these buildings as an important aspect of 
the sightseeing opportunity. 

Since the lease does not provide for public access across the 
leased tracts, the public's opportunities to examine and photograph 
buildings, foundations, and other features up close will be affected. 

Improvement of the sewage disposal, solid waste disposal, and 
domestic water supply as required by the lease would provide a 
healthier, more sanitary and safer condition for Silver City 
visitors and occupants. 

The control of any commercial facilities by BLM through 
concessionaire contracts as a lease stipulation would help provide 
quality visitor services. 

Aesthetics 

The characteristic landscape is one of total modification 
because of the mining activity and settlement in Silver City. 
However, the modified landscape, because of its historic signifi- 
cance, represents a primary attraction. 



8-24 



1 



Compliance with the lease requirements pertaining to building 
modifications, earth-disturbing activities, erection of signs and 
exhibits, the location of generating plants and gas-powered gen- 
erators, would assure that the historic integrity of the town is 
not compromised. Compliance with lease stipulations to regulate 
the use of heavy equipment would help reduce noise levels. 

The development of acceptable sewage disposal systems and the 
removal of solid waste would reduce odor problems. 

Soil 

The soils are poorly developed and highly porous. Compliance 
with the terms and conditions of the proposed lease would require 
a short-term increase in activity. Activities such as construction 
and maintenance of water and sewage facilities would cause short- 
term soil disturbance (less than one-half acre) in the immediate 
vicinity of the construction area. Soil disturbance would occur, 
but no data are available to identify the magnitude. The long-term 
impacts are considered to be negligible. 

Vegetation 

Many domestic and ornamental species such as wildrye, blue- 
grass, elderberry, roses, willows, lilac, and currants inhabit 
yards and gardens. Compliance with the terms and conditions of the 
proposed lease would require a short-term increase in activity. 
Activity such as sewer and water line construction would result in 
localized surface disturbance (less than one-half acre total). 
Vegetation would be removed in the immediate work areas where heavy 
traffic or excavation is required. In most cases, the surface 
disturbance would consist of construction of a shallow trench in 
which to lay a small-diameter pipe (one inch to four inch) , for a 
water line. In addition, approximately 50 small pits would also be 
constructed to install vault toilets. These disturbed areas would 
be small in size totaling less than one-half acre. The impacts to 
vegetation would be short-termed. 

Wildlife and Fishery 

Wildlife. Wildlife species that would be impacted by the proposed 
action are songbirds, raptors, and small rodents who are either 
partially or wholly dependent upon human structures for their life 
requirements (food, water, and cover). 

Since it is assumed that the proposed lease, due to compliance 
with stipulations of the lease, may initially require lessees to 
spend more time at their dwellings and in the immediate area of 
Silver City to fulfill maintenance stipulations, some impacts to 
local wildlife would occur. The impacts of human-wildlife inter- 
actions would vary depending on amount of increased activity and 



5-25 



the tolerance of individual wildlife species to human activities. 
Since neither of the above can presently be quantified, impacts are 
discussed in generalities. 

Wildlife species normally associated with old buildings may be 
permanently displaced or may temporarily evacuate their niche, 
depending on maintenance or construction activities. Bird nesting 
and perching areas used by swallows, bats, and songbirds may be 
temporarily removed. Rodent nests and hiding places used by house 
mice and rats may also be eliminated. 

Everyday activities by humans, resulting in loud noises from 
cars, generators, firearms, or construction and movement in critical 
areas, such as riparian zones, would permanently or temporarily 
displace wildlife species. Dependency on human activities for food 
and cover would domesticate a few bird and rodent species, making 
them vulnerable to a wild environment when humans are not present. 

Vegetation disturbance would temporarily eliminate habitat. 
Hiding cover, space requirements, and food sources for rodents 
would be affected, as well as nest sites for ground-nesting birds. 
Although small areas of disturbance seem minor, consolidation of 
habitat removal may displace animals. 

Significant long-term impacts to terrestrial wildlife are not 
anticipated. Short-term impacts are limited to human-wildlife 
interactions. Stipulations attached to leases will require mainte- 
nance and repair to structures. These activities will temporarily 
displace or remove sites presently utilized for feeding, nesting, 
resting, or cover. Wildlife affected will relocate to other 
buildings or natural habitat suitable for meeting the species' life 
functions. 

Fishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1). Habitat is in good condition. Assuming that 
habitat alteration activities in and near the townsite would not 
occur in the future and that the State of Idaho water quality 
standards are complied with and stream flows are maintained, trout, 
including the red-banded trout, would continue to survive success- 
fully. 

Socio-Economic Characteristics 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1960 's, is a quasi-governmental body. 
This is an organization of building owners. 

The proposed lease would not change the historical character 
of Silver City. It would not impact employment or income derived 
from commercial activities within the community. 



8-26 



Compliance with the lease stipulations concerning water and 
sanitation systems could create a need for greater cooperation 
among building owners. This could result in greater social cohe- 
siveness by increased membership to the Silver City Taxpayers 
Association or formation of a new organization. It is impossible 
to predict changing building value that could be attributed to the 
proposed action. 

Social Attitudes and Values . Although the proposed lease 
offers tenure to the building owners, is transferrable to heirs, is 
renewable, and the lease rental is not expected to be unreasonable 
in terms of fair market value, building owners may not feel secure 
in an action of this kind based upon interviews identified in 
Chapter 2. 

Some owners may not be able to pay the lease rental. This 
could force some owners to sell their property. The insecure 
feeling caused by a tenure settlement by lease may motivate some 
owners to sell their buildings. Depending upon the individual 
owners, the loss would be either loss of a second (recreational) 
property or loss of a heritage as described in Chapter 2. It is 
difficult to predict if any or how many owners would propose to 
sell. 

Building maintenance costs may be greater to meet the require- 
ments of historically integral lease stipulations than they are at 
present. 

Some building owners are so opposed to a lease that they have 
threatened to remove their buildings. 

Service Systems . 

(Water Supply) . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by an 18,000-gallon storage tank and laterals. 

Compliance with lease stipulations would require that any 
domestic water supply system used in Silver City meet state require- 
ments. The Southwest District Health Department (SDHD) has com- 
pliance authority at Silver City and would determine whether the 
water meets state and county health standards. If deficiencies 
are located in the system or water quality is found to be sub- 
standard, the SDHD would require that the building owners correct 
them. BLM lease stipulations support SDHD in assuring the water 
in Silver City would be safe and potable. 

Small scale repairs may be completed by the Silver City 
Taxpayers Association or other organizations. If remedial steps 
require large capital outlays , building owners may have to seek 
financial assistance from Owyhee County or the State of Idaho. 



5-27 



.-:;■■-,-/—;■ .. -TT- 



(Sanitation System) . With the exception of one water-borne 
septic tank, all the buildings have outdoor privies. Many of these 
privies need repair or maintenance to meet state standards. Com- 
pliance with the proposed lease stipulations would require that 
each lessee have a sewage disposal facility that meets county and 
state health regulations. Inspection and compliance authority lie 
with SDHD. The lessee would be required to correct and maintain 
these outhouses to comply with lease stipulations. Sewage facilities 
would be inspected periodically by the SDHD to assure continued 
compliance with State laws. 

The SDHD revealed that the majority of outhouses do not meet 
state and county health standards. Deficiencies were identified - 
many of the structures allowed access to vermin and most facilities 
did not have watertight, sealed vaults underneath. This enhances 
the probability of human sewage leaching into Jordan Creek, espec- 
ially from the outhouses near the stream. 

Beneficial impacts would result when outhouses are upgraded, 
decreasing the likelihood of disease infections. 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resource 

Historic Archaeology . In spite of the precautions taken by the 
building occupants, archaeological sites may be disturbed. Any 
site which is disturbed will lose some of its historic integrity if 
not scientific and interpretive values. Once disturbed, it remains 
so. Once destroyed, that portion of a site is lost to field studies 
and interpretations. 

Recreation 

The quality of the recreation experience could be reduced if 
the general public is denied access to the leased tracts. 

Aesthetics 

There would be periods when the noise levels associated with 
the periodic construction activities intrude on the historic 
scene. This impact is a short-term adverse impact. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation efforts would restore native 
vegetation. 



8-28 



Some undesirable vegetation would become established after 
rehabilitation. After establishment, these species often increase 
until they dominate the vegetative stand. 

Wildlife and Fishery 

Wildlife . Human/wildlife interactions cannot be avoided; the 
degree of interaction cannot be quantified. Some wildlife species 
would leave the area when human activities reach intolerant levels. 
Some wildlife species are very tolerant of human activity and would 
have behavior patterns and habits changed as a result of human 
interactions. 

Socio-Economic Characteristics 

Building owners would not feel secure in their tenure on the 
land under a lease situation. The lease rental could be a hardship 
to some owners. This may cause them to sell their buildings. If 
the property is a family heritage, the loss is greater than if the 
property is just a second home for recreational purposes. 

Maintenance costs may be greater to meet the requirements of 
the historically integral lease stipulations than at present. 



8-29 



ALTERNATIVE 5 

TOTAL FEDERAL ACQUISITION OF BUILDINGS 

AND LEASE TO SELLER 



Description 

This alternative proposes federal control and management of 
Silver City. Implementation is dependent upon the appropriation of 
funds. Buildings or structures would be purchased at fair market 
value on a willing seller basis but with a lease-back agreement; or 
a quit claim deed to the buildings would be obtained with the 
provision that the government would issue the claimant a lease for 
the tract and the buildings. 

The cost of purchasing buildings is estimated on the basis of 
acquiring all buildings. Estimates are based upon building values 
established on the Owyhee County tax roll. The 1977 fair market 
value of 66 buildings currently taxed at Silver City is $64,677. 

Almost all the buildings require maintenance work (mainly to 
the foundation) to make them safe and prevent deterioration. The 
estimated cost to put all buildings on public land in a safe, 
stabilized condition is $740,000. This estimate was made by 
inspection from outside of buildings. A more complete evaluation 
may conclude that greater costs would be necessary. There would be 
an estimated $25,000 needed to bring the water and sewer systems to 
meet state standards. 

To assure that adequate measures would be taken by the building 
occupants to protect the historic buildings and archaeological 
resources of Silver City, lease stipulations would be identical to 
the proposed lease (see Chapter 1), except for the following: (1) 
no alterations, maintenance, or repair of any kind may be made by 
the lessee without prior written approval from the BLM; (2) the 
premises will be maintained by the lessee in an orderly condition, 
ordinary wear and tear excepted; and (3) the lessee agrees to allow 
employees and/or agents of the BLM to enter the property to conduct 
architectural research. The lessee will be notified in advance of 
such entries. 

Each resource is analyzed on the basis that Silver City 
building owners would sell or quit claim all buildings to BLM with 
lease-back agreements. 



8-30 



PATENTED 


4 II 


n 
a 
u 

; n 

// LJ 

1 « ■ 

// ■■■ 



— .^o BLOCK 11 



tW^V; - : . 




LEGEND 

Approximate location of proposed 
tracts of public land to be leased 
Buildings to be purchased or obtain 
quick claim title 



8-31 



IMPACT ANALYSIS 



Cultural Resource 



Historic Buildings . Seventy privately owned buildings occupy 
public land without authorization from BLM within Silver City, 
Idaho. Although most buildings have been modified by the building 
owners in some manner, 65 buildings have historic value. Histor- 
ically inaccurate maintenance and restoration work on the buildings 
would cease. Presently, 59 buildings have intrusions from this 
kind of work. Work would then be in keeping with the historic 
period in which the buildings were constructed. Intrusions from 
past work on the buildings could be renovated to fit the historic 
scene. Total federal control would result in the protection and 
preservation of the historical buildings of Silver City. 

Historic Archaeology . Of the 70 proposed tracts surveyed in 1977, 
22 tracts indicated a very high potential for both scientific data 
and public interpretation, 40 tracts showed scant surface evidence 
or extremely low potential for scientific data, 3 tracts had so 
much surface evidence that there is a potential for loss of sci- 
entific and interpretative data, and 4 tracts could not be ade- 
quately inspected. 

Compliance with the terms and conditions of the proposed lease 
would reduce or control the following on-going impacts to the 
archaeological resource: (1) amateur archaeological and bottle- 
collecting activity; (2) excavation in connection with the mainte- 
nance and repair of existing structures; (3) use of materials from 
ruins for maintenance and repair of existing structures or to build 
new structures. The reduction of impacts cannot be quantified. 

In spite of the precautions taken by the building owners and 
BLM, continued occupancy of the proposed lease tracts would result 
in continued disturbance to the archaeological resource which 
cannot be quantified. Any archaeological site which becomes 
disturbed would lose some of its integrity if not its scientific 
and interpretative values. Once disturbed, that portion of a site 
is lost to field studies and interpretations. 

Under the proposed lease, the archaeological resource would, in 
the long run, sustain fewer impacts than at present (see Chapter 2). 

Land Use 

Grazing. The proximity of the proposed tracts to the human dwellings 
and actxvities negates the value for grazing. This alternative 
would result in no changes to the grazing resource. 

Mining. Mining activities ceased more than 50 years ago. Rich ore 
occurred only near the surface and has now been mined out. There 



8-32 



is little or no potential for new discoveries. A 1974 withdrawal 
prevents mineral location and entry under the mining laws. Since 
the proposed lease is subject to existing valid mining rights, 
there are no known quantifiable impacts to the mineral resource or 
mining.- 

Recreation 

The primary recreation value is the sightseeing and photography 
opportunity associated with the historic buildings. Under this 
alternative it would be possible for visitors to have access to the 
entire area unless specific sites were closed off for safety 
reasons. 

The capability of BLM to interpret the total community would 
be enhanced. Exhibits and displays could be developed and the 
interior of certain buildings could be made available for public 
viewing. This would provide a very high-quality experience to 
visitors to this historic community. 

Aesthetics 

The characteristic landscape is one of total modification 
because of the mining activity and settlement in Silver City. 
However, the modified landscape, because of its historic signifi- 
cance, represents an important attraction. 

This alternative would result in a greater opportunity to 
remove visual intrusions and replace them with those in keeping 
with the architectural period in which the community was established, 
Additional maintenance and restoration work would also meet this 
goal. All signs, displays, and exhibits would also be in harmony 
with the historic scene. 

It would be possible to regulate construction and maintenance 
activities for minimum disturbance to visitors. Equipment, such as 
electric generators, would probably be installed and would create a 
continued impact upon the historic scene. Sewage facilities would 
meet state standards and would eliminate associated odor problems. 

Soil 

The soils are poorly developed and highly porous. Compliance 
with the terms and conditions of the proposed lease would require a 
short-term increase in activity. Activities such as construction 
and maintenance of water and sewage facilities would cause short- 
term soil disturbance (less than one-half acre) in the immediate 
vicinity of the construction area. Soil disturbance would occur, 
but no data are available to identify the magnitude. The long-term 
impacts are considered to be negligible. 



3-33 



Vegetation 

Many vegetative species such as wildrye, bluegrass, elderberry, 
roses, willows, lilac, and currants inhabit yards and gardens. 
Compliance with the terms and conditions of the proposed lease 
would require a short-term increase in activity. Activity such as 
sewer and water line construction would result in localized surface 
disturbance (less than one-half acre total) . Vegetation would be 
removed in the immediate work areas where heavy traffic or exca- 
vation is required. In most cases, the surface disturbance would 
consist of construction of a shallow trench in which to lay a 
small-diameter pipe (one inch to four inch) , for a water line. In 
addition, approximately 50 small pits would also be constructed to 
install vault toilets. These disturbed areas would be small in 
size totaling less than one-half acre. The impacts to vegetation 
would be short-termed. There are no known long-term impacts to the 
vegetative resource. 

Wildlife and Fishery 

Wildlife . Wildlife species that would be impacted by the proposed 
action are songbirds, raptors, and small rodents who are either 
partially or wholly dependent upon human structures for their life 
requirements (food, water, and cover). 

Wildlife species normally associated with old buildings may be 
permanently displaced or may temporarily evacuate their niche, 
depending on maintenance or construction activities. Bird nesting 
and perching areas used by swallows, bats, and songbirds may be 
temporarily removed. Rodent nests and hiding places used by house 
mice and rats may also be eliminated. 

Everyday activities by humans, resulting in loud noises from 
cars, generators, firearms, or construction and movement in critical 
areas, such as riparian zones, would permanently or temporarily 
displace wildlife species. Dependency on human activities for food 
and cover would domesticate a few bird and rodent species, making 
them vulnerable to a wild environment when humans are not present. 

Vegetation disturbance would temporarily eliminate habitat. 
Hiding cover, space requirements, and food sources for rodents 
would be affected, as well as nest sites for ground-nesting birds. 
Although small areas of disturbance seem minor, consolidation of 
habitat removal may displace animals. 

Significant long-term impacts to terrestrial wildlife are not 
anticipated. Short-term impacts are limited to human-wildlife 
interactions. 

Fishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1) . Habitat is in good condition. Assuming that 



8-34 



habitat alteration activities in and near the townsite would not 
occur in the future and that the State of Idaho water quality 
standards are complied with and stream flows are maintained, 
trout, including the red-banded trout, would continue to survive 
successfully. 

Socio-Economic Characteristics 

Owyhee County . Owyhee County is a rural, agricultural county 
located in the southwest corner of Idaho. The county would lose 
about $870 per year in tax revenue now being paid by the building 
owners from the transfer of the buildings from private ownership to 
federal ownership. 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1960' s, is a quasi-governmental body. 
This is an organization of building owners. 

Federal acquisition of buildings would completely change the 
character of the community. All self-controlling attempts (semi- 
governmental control) such as the Silver City Taxpayers Association 
would no longer be needed and building occupation would be strictly 
on a tenant basis. 



This alternative would produce 
a negative impact upon most of the building owners. Their atl Ltudes 



Social Attitudes and Values. 



are that they have preserved what historic values are left at 
Silver City. The possible impact of acquiring money for their 
building would not offset their pride of ownership of the historic 
building. Many owners have had this property in the family since 
Silver City was a vital community. 

There is also the possibility of some owners not being able to 
pay the annual lease fee and would lose contact entirely with the 
building. 

Service Systems . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by an 18,000-gallon storage tank and laterals. 

With the exception of one water-borne septic tank, all the 
buildings have outdoor privies. Many of these privies need repair 
or maintenance to meet state standards . 

State health laws concerning sewage and water would be complied 
with by BLM. Installation of proper systems would be based upon 
available federal funds. There would be no adverse health problems 
related to the sewage and water systems. Beneficial impacts would 
result when outhouses and water systems are upgraded, decreasing 
the likelihood of disease infections. 



8-35 



W B H III IfltWIIIWM I II I MIlW WIIWMIlWfflT 1 ^''- 7 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resource 



Historic Archaeology . In spite of the precautions taken by the 
building occupants, there could be isolated destruction of archaeo- 
logical artifacts or features. 



Aesthetics 

There will be periods when the noise levels associated with 
the periodic construction activities intrude on the historic scene. 
This impact is considered to be a short-term adverse impact. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation efforts would restore native 
vegetation. Routine maintenance would improve the vegetative 
setting. Some undesirable vegetation would become established 
after rehabilitation. After establishment, these species often 
increase until they dominate the vegetative stand. 

Wildlife and Fisheries 

Human/wildlife interactions cannot be avoided. Some wildlife 
species would leave the area when human activities become intolerant, 

Socio-Economic Characteristics 

Owyhee County would lose about $800 in tax revenue now being 
paid by building owners from removal of the buildings. Federal 
acquisition of all buildings would completely change the character 
of the community. All self-controlling attempts (semi-governmental 
control) such as the Silver City Taxpayers Association would no 
longer be needed and building occupation would be strictly on a 
tenant basis. 

This alternative would produce a negative impact upon most of 
the building owners. Their attitudes are that they have preserved 
the historic values of Silver City. The possible beneficial 
impact of acquiring money for their building would not offset their 
pride of ownership of the historic building. Many owners have had 
this property in the family since Silver City was a vital community. 

There is also the possibility of some owners not being able to 
pay the annual rental fee and would lose contact entirely with the 
building. 



8-36 



ALTERNATIVE 6 

FEDERAL ACQUISITION OF FOUR BUILDINGS AND LEASE 

PUBLIC LAND TO REMAINING BUILDING OWNERS 



Description 

Section 205 of Federal Land Policy and Management Act (FLPMA) 
authorizes the Secretary of the Interior to acquire buildings of 
historic significance through purchase. In accordance with this 
authority, the following buildings are proposed for BLM acquisition: 
(1) Stoddard House, (2) School House, (3) Catholic Church, and (4) 
Masonic Temple. This would be contingent on the allocation of 
funds to BLM and the building owners' willingness to sell. 

The cost of restoring the buildings is estimated to be $371,175. 
The fair market value can not be determined at this time. 



Buildings to Be Acquired 



1. 


Church 


2. 


Stoddard House 


3. 


School 


4. 


Masonic Hall 



Total value estimated 



Complete 
Restoration 

$ 5 7,800 
$148,000 
$ 50,625 
$114,750 
$371,175 



The remaining building owners would be leased the individual 
public land tracts in accordance with Section 302 of FLPMA. See 
Chapter 1 for details of lease. 



IMPACT ANALYSIS 



Cultural Resource 

Historic Buildings . Seventy privately owned buildings occupy 
public land without authorization from BLM within Silver City, 
Idaho. Although most buildings have been modified by the owners, 
65 buildings have historic value. Compliance with the terms of the 
proposed lease would control or prevent intrusive modification 
(maintenance, alterations, and rehabilitation) by the building 
owners to 66 existing buildings. It would also control or prevent 
removal of ruins and artifacts remaining from the historic period. 
This action would help protect and preserve the historic integrity 
of the community. 



8-37 




LEGEND 

Approximate location of building to 
be purchased 

Approximate location of proposed 
tracts of public land to be leased 
Approximate location of privately 
owned building 



8-38 



. " ..: n ... .* 



1 1 

! 
» j 

I There would also be a greater opportunity to correct past 

I intrusions on the four buildings acquired by BLM. 

■ 

Historic Archaeology . Of the 70 tracts surveyed in 1977, 22 
tracts indicated a very high potential for both scientific data and 
public interpretation, 40 tracts showed scant surface evidence or 
extremely low potential for scientific data, 3 tracts had so much 
surface evidence that there is a potential for loss of scientific 
and interpretative data, and 4 tracts could not be adequately 
inspected. 

I Compliance with the terms and conditions of the proposed lease 

would reduce or control the following on-going impacts to the 
archaeological resource: (1) amateur archaeological and bottle 
collecting activity; (2) excavation in connection with the maintenance 
and repair of existing structures; (3) use of materials from ruins 
for maintenance and repair of existing structures or construction 
of new structures. However, amount of control or reduction is 
unknown . 



! 



In spite of the precautions taken by the building owners and 
BLM, continued occupancy of the proposed lease tracts would per- 
petuate disturbance to the archaeological resource which also 
cannot be quantified. Any archaeological site which is disturbed 
would lose some of its integrity if not its scientific and inter- 
pretative values. Once disturbed, that portion of a site is lost 
to field studies and interpretations. 

Under the proposed lease, the archaeological resource would, 
in the long run, be impacted less (see Chapter 2). 



j ! 

Land Use 

n 



Grazing. The proximity of the proposed tracts to human dwellings 
and activities negates the value for grazing. The proposal would 

I \ result in no changes to the grazing resource. 

Mining . Mining activities ceased more than 50 years ago. The 
history of the mining district indicates that rich ore occurred 
only near the surface and is mined out. There is little or no 
potential for new discoveries. A 1974 withdrawal prevents mineral 

II location and entry under the mining laws. Since the proposed lease 
I is subject to existing valid mining rights, there are no impacts to 

the mineral resource or mining. 



Recreation 



The primary recreation value is the sightseeing and photography 
opportunity associated with the historic buildings. By complying 
with the terms and conditions of the proposed lease, the building 
owners would maintain the historic buildings. This maintenance 
will protect these buildings for sightseeing. 



8-39 



The control of any commercial facilities by BLM, via contracts 
as a lease stipulation, would help provide quality visitor services. 

Since the lease does not provide for public access across the 
leased tracts, the public's opportunities to examine and photograph 
buildings, foundations, and other features up close would be 
denied. 

By Federal control of the Church, School, Masonic Hall and the 
Stoddard House, visitors would have assured access to these buildings. 
Since these are historically important buildings, access should 
improve the visitors' recreation experience. 

Aesthetics 

The characteristic landscape is one of total modification 
because of the mining activity and settlement in Silver City. 
However, the modified landscape, because of its historic signifi- 
cance, is an important attraction. 

Compliance with the lease requirements pertaining to building 
modifications, earth-disturbing activities, erection of signs and 
exhibits, location of generating plants and gas-powered generators, 
would assure that the historic integrity of the town is not intruded 
upon. Compliance with lease stipulations to regulate the use of 
heavy equipment would help reduce noise levels. 

The development of acceptable sewage disposal systems and the 
removal of solid waste would reduce odors. 

Soil 

The soils are poorly developed and highly porous. Compliance 
with the terms and conditions of the proposed lease would require 
a short-term increase in activities such as construction and 
maintenance of water and sewage facilities that would cause short- 
term soil disturbance (less than one-half acre) in the immediate 
vicinity. The magnitude of soil disturbance is unknown. The long- 
term impacts are considered to be negligible. 

Vegetation 

Many vegetative species such as wildrye, bluegrass, elderberry, 
roses, willows, lilac, and currants inhabit yards and gardens. 
Compliance with the terms and conditions of the proposed lease 
would require a short-term increase in activities such as sewer and 
water line construction that would result in localized surface 
disturbance (less than one-half acre). Vegetation would be removed 
in the immediate work areas. In most cases, a shallow trench in 
which to lay a water line (one inch to four inch) , would be con- 
structed. In addition, approximately 50 small pits would also be 



8-40 



. ;_s .--- -■ . 



constructed to hold vault toilets. These disturbed areas would 
total less than one-half acre. The impacts to vegetation would be 
short-term. There are no known long-term impacts to the vegetative 
resource. 

Wildlife and Fishery 

Wildlife. Wildlife species that would be impacted by the proposed 
action are songbirds, raptors and small rodents that are partially 
or wholly dependent upon human structures for their life require- 
ments (food, water, and cover). 

Since it is assumed that compliance with stipulations of the 
lease may initially require lessees to spend more time at their 
dwellings and in the immediate area of Silver City, some impacts to 
local wildlife would occur. The impacts of human-wildlife inter- 
actions would vary depending on amount of increased activity and 
the tolerance of individual wildlife species. Since neither of 
the above can presently be quantified, impacts are discussed in 
generalities. 

Wildlife species normally associated with old buildings would 
be permanently displaced or would temporarily evacuate their niche 
depending on maintenance or construction activities. Nesting and 
perching areas may be removed in the case of birds and nests and 
hiding places may be removed in the case of rodents. Rodent nests 
and hiding places used by house mice and rats may also be eliminated, 

Everyday activities by humans, resulting in loud noises such 
as from cars, generators, firearms, construction and movement in 
critical areas, such as riparian zones, would permanently or 
temporarily displace wildlife species. Dependency on human activ- 
ities for food and cover would domesticate a few bird and rodent 
species, making them vulnerable to a wild environment when humans 
are not present. 

Vegetation disturbance would temporarily eliminate habitat. 
Hiding cover, space requirements, and food sources for rodents 
would be affected, as well as nest sites for ground-nesting birds. 
Although small areas of disturbance seem minor, consolidation of 
habitat removal may displace animals. 

Long-term impacts to terrestrial wildlife are not anticipated. 
Short-term impacts are limited to human-wildlife interactions. 
Stipulations attached to leases will require maintenance and repair 
of structures. These activities will temporarily displace or 
remove sites presently utilized for feeding, nesting, resting, or 
cover. Wildlife affected will relocate to other buildings or 
natural habitat suitable for meeting the species' life functions. 



5-41 



Fishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1). The habitat is in good condition. Assuming 
that habitat alteration activities in and near the townsite would 
not occur in the future and that the State of Idaho water quality 
standards are met and stream flows are maintained, trout, including 
the red-banded trout, would continue to survive successfully. 

Socio-Economic Characteristics 

Owyhee County . Owyhee County is a rural, agricultural county 
located in the southwest corner of Idaho. Four buildings would be 
taken off of the tax roll. Owyhee County would lose $18.00 tax 
revenue annually from the transfer of four buildings to federal 
ownership. 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1 960 's, is a quasi-governmental body. 
This is an organization of building owners. 

The proposed lease would not change the historical character 
of Silver City. Compliance with the lease stipulations for water 
and sanitation systems would create a need for greater cooperation 
among building owners which may increase social cohesiveness in the 
Silver City Taxpayers Association or a similar organization. 

No change in numbers of visitors to Silver City would be 
anticipated. Therefore, no changes are expected for income derived 
from commercial activities in the community. 

It is impossible to predict changing values of buildings that 
could result from implementing this alternative. The typical 
residential tract would be leased at fair market value (see Appen- 
dix A). 

Social Attitudes and Values . Although the proposed lease 
offers tenure to the building owners, is transferrable to heirs, is 
renewable, and the lease rental is expected to be reasonable in 
terms of market value, building owners would not feel secure in an 
action of this kind based upon interviews identified in Chapter 2. 

Some owners may not be able to pay the lease rental. This 
could force some owners to sell their property. The insecure 
feeling caused by a tenure settlement by lease may motivate some 
owners to sell their buildings. Depending upon the individual 
owners, the loss would be either loss of a second (recreational) 
property or loss of a family heritage. It is difficult to predict 
if any or how many owners would propose to sell. 

Building maintenance costs may be greater with this alter- 
native than at present. 



!1 



8-42 



Some building owners are so opposed to a lease that they have 
threatened to remove their buildings. 

Service Systems . 

(Water Supply) . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by an 18, 000-gallon storage tank and laterals. 

Compliance with lease stipulations would require that any 
domestic water supply system used in Silver City meet state require- 
ments. The Southwest District Health Department (SDHD) has com- 
pliance authority at Silver City and would determine whether the 
water meets state and county health standards. If deficiencies are 
located in the system or water quality is found to be substandard, 
the SDHD would require the building owners to correct them. BLM 
lease stipulations support SDHD in assuring that the water in 
Silver City would be safe and potable. 

Small scale repairs may be completed by the Silver City Tax- 
payers Association or other organizations. If remedial steps 
require large capital outlays, building owners may have to seek 
financial assistance from Owyhee County or the State of Idaho. 

(Sanitation System) . With the exception of one water-borne 
septic tank, all the buildings have outdoor privies. Many of these 
privies need repair or maintenance to meet state standards. Com- 
pliance with the proposed lease stipulations would require that 
each lessee have a sewage disposal that meets county and state 
health regulations. Inspection and compliance authorities lie with 
SDHD. The lessee would be required to correct and maintain these 
outhouses to comply with lease stipulations. Sewage facilities 
would be inspected periodically by the SDHD to assure continued 
compliance with state law. 

The SDHD revealed that the majority of outhouses do not meet 
state and county health standards. Deficiencies were identified - 
many of the structures allowed access to vermin and most facilities 
did not have watertight, sealed vaults underneath. This enhances 
the probability of human sewage leaching into Jordan Creek, especially 
from the outhouses near the stream. 

Improvement of the sewage disposal, solid waste disposal, and 
domestic water supply as required by the lease would provide a 
healthier, more sanitary and safer conditions for Silver City 
visitors and occupants. 



8-43 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resources 

Historic Archaeology . In spite of the precautions taken by the 
building occupants, there could be isolated destruction of archaeo- 
logical artifacts or features. 

Land Use 

Recreation . The quality of the recreation experience could be 
reduced if the general public is denied access to the leased lots. 

Aesthetics 

There will be periods when the noise levels associated with 
the periodic construction activities intrude on the historic 
scene. This impact is considered to be a short-term adverse 
impact. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation efforts would restore native 
vegetation. Routine maintenance would improve the vegetative 
setting. Some undesirable vegetation would become established 
after rehabilitation. After establishment, these species often 
increase until they dominate the vegetative stand. 

Wildlife and Fishery 

Human/wildlife interactions cannot be avoided. Some wildlife 
species would leave the area when human activities reach intolerant 
levels. Some wildlife species are very tolerant of human activity 
and would have behavior patterns and habits changed as a result of 
human interactions. 

Socio-Economic Characteristics 

Owyhee County would lose $18.00 tax revenue annually. 

Building owners would not feel secure in their tenure on the 
land under a lease stipulation. The lease rental could be a hard- 
ship to some owners. This may cause them to sell their buildings. 
If the property is a family heritage, the loss is greater than if 
the property is just a second home for recreational purposes. 

Compliance of state health regulations concerning water and 
sewer systems may require an undetermined outlay of money. 

Maintenance costs may be greater to meet the requirements of 
lease stipulations than at present. 



8-44 



■"■ — 



ALTERNATIVE 7 

SPECIAL LEGISLATIVE ALTERNATIVE, 

TRUSTEE TOWNSITE FOR SILVER CITY 



Description 

While the proposed action and other alternatives are admin- 
istrative actions, Alternative 7 would require legislation. An 
application (1-10203) was filed with the BLM by District Judge 
Robert B. Dunlap on December 30, 1975, for a Silver City Townsite 
patent. Judge Dunlap was designated as an interim trustee rep- 
resenting 60 building owners in Silver City who were petitioning to 
acquire title to the federal land beneath their respective buildings. 
Attached to the petition was a brief management procedure for 
public safety, vandalism protection, water and sewage facilities, 
fire protection, roads, and tourism. Also included was a guarantee 
that the historic character of the community would be preserved 
through deed covenants incorporated in the title issued to each 
property owner. 

When the BLM's Organic Act, Public Law 94-5 79 (FLPMA) was 
passed on October 21, 1976, the above Trustee Townsite petition was 
voided. FLPMA repealed many land laws including the Trustee 
Townsite authority. However, since considerable effort had been 
expended by the Silver City residents in making application and the 
Idaho congressional delegation has considered special legislation 
to re-enact the townsite authority for Silver City, it is considered 
to be an alternative. Theoretically, special legislation could 
take numerous forms, but for the purposes here, this alternative 
will analyze the Trustee Townsite authority, R. S. 2387-2389 (43 
U.S.C. 718-720) under which the original petition was filed. Since 
FLPMA has been enacted conveyance of title could be subject to the 
terms under this act. Considering the cultural values involved, 
this assumption seems reasonable. 

The procedures for making townsite application are outlined in 
43 CFR Part 2670. Basically, the Judge of the County Court is 
appointed the trustee for lands under application. In the case of 
Silver City, only those lands actually occupied for town purposes 
can be petitioned for by the building owners (See Map No. 8-7). 
Once tracts are surveyed, the BLM must classify the land as being 
suitable for a town site. If this is accomplished and certain 
requirements are met, the land is sold to the trustee at $1.25 per 
acre. At that point, federal ownership terminates. 



8-45 




LEGEND 

s6 | J Approximate location of existing 

building 



" | ] Approximate location of historic 
sites or ruins 
— Approximate location of proposed 
townsite boundary 



8-46 



Once patent is issued to the trustee, sale of the tracts by 
him is made in accordance with State Law Sections 58-801 to 803 
Idaho Code. The tracts are appraised and sold at fair market 
values to the owner of the improvements on them. 

The following provisions would be placed in the patent to 
protect the historic buildings and archaeological resource of 
Silver City: (1) the sale is subject to all existing valid mining 
rights; (2) this provision to protect the archaeological and 
historic resource would require all approved applicants to submit 
and comply with a preservation plan for the public land to be 
purchased. The preservation plan would be coordinated with the 
Idaho State Historic Preservation Officer pursuant to the "Pro- 
cedures for the Protection of Historic and Cultural Properties" (36 
CFR, Part 800) to assure that the historic structures, archaeo- 
logical sites, or other cultural resources are not inadvertently 
compromised, lost, or destroyed. The plan must be completed to 
the satisfaction of the SHPO and BLM before the public land will be 
sold; (3) there would be a provision that survivors and assignees 
would comply with all patent provisions; and (4) there would be a 
provision that in the event of a breach of any condition and covenant 
in the patent to the tract, all right, title and interest revert to 
the Federal Government. Non-compliance would result in court 
action. 

Approximately 32 acres of public land within Silver City would 
be sold under this alternative. 



IMPACT ANALYSIS 



Cultural Resource 

Historic Buildings . Seventy privately owned buildings occupy 
public land without authorization from BLM within Silver City, 
Idaho. Although most buildings have been modified by the building 
owners in some manner, 65 buildings have historic value. Compliance 
with the patent provisions should assure that historically accurate 
building alterations are made. The long-term impact should be the 
protection and preservation of a regionally recognized historic 
site, although the degree of protection cannot be quantified. 

Historic Archaeology . A total of 206 archaeological sites and two 
major ruins have been identified within the boundaries of the 
proposed townsite. Of the 206 archaeological sites surveyed in 
1977, 50 sites indicate a very high potential for both scientific 
data and public interpretation, 131 sites showed scant surface 
evidence or low potential for scientific value, 4 showed so much 



3-47 



surface evidence in site that there is a potential for the loss of 
scientific data and interpretive species, and 18 sites could not be 
inspected or showed no archaeological potential. 

By complying with the patent provisions, which require a 
preservation plan, on-going impacts to the archaeological resource 
would be controlled. However, it must be recognized that in spite 
of the precautions taken by the occupants, continued occupancy of 
the proposed townsite tract would perpetuate disturbance, which 
cannot be quantified, to the archaeological resource. Any archae- 
ological site which is disturbed would lose some of its integrity 
if not its scientific and interpretative values. Once disturbed, 
that portion of a site is lost to field studies and interpretations. 

Under this alternative, the archaeological resource may, in 
the long run, be impacted less (see Chapter 2). 

Land Use 

Grazing . Of the 32 acres proposed for the townsite, approximately 
20 acres containing two AUMs are available for livestock grazing. 
If the townsite tract is transferred out of federal ownership, two 
AUMs would be lost. The grazing resource would be slightly impacted 
by implementing this alternative. 

Mining . Mining activities ceased more than 50 years ago. The 
history of the mining district indicates that rich ore occurred 
only near the surface and is mined out. There is little or no 
potential for new discoveries. A 1974 withdrawal prevents mineral 
location and entry under the mining laws. Since the townsite 
proposal is subject to existing valid mining rights, there are no 
impacts to the mineral resource or mining. 

Recreation 

The primary recreation value is the sightseeing and photography 
opportunity associated with the historic buildings. Under this 
alternative, tracts acquired by the building owners would be large. 
Public access to the tract to be sold could be denied, resulting in 
reducing the quality of the recreation experience by preventing the 
sightseers from inspecting the buildings and ruins up close. 

The overall historic appearance of the buildings and community 
could be improved by the deed provisions for maintaining historical 
integrity of the buildings. 

Aesthetics 

The characteristic landscape is an important attraction. 
There would be no adverse impacts to the visual resource. However, 
there could be adverse impacts from power generating plants if they 



8-48 



are installed by building owners. Magnitude of impact would depend 
upon the number of plants installed. Operation of heavy equipment 
and machinery during construction and maintenance of water and 
sewer systems and building maintenance would also create adverse 
noise impacts. Noise levels from these sources would intrude upon 
the historic scene. If state health standards are met with the 
individual sewer systems, there would be no adverse impacts. 

Soil 

The soils are poorly developed and highly porous. Activities 
such as construction and maintenance of water and sewage facilities 
would cause short-term soil disturbance in the immediate vicinity. 
The magnitude of soil disturbance is unknown. The long-term 
impacts are considered to be negligible. 

Vegetation 

Many vegetative species such as wildrye, bluegrass, elderberry, 
roses, willows, lilac, and currants inhabit the area. The vegetative 
resource of the area would be impacted by the construction and 
repair activities necessary to maintain buildings and . supporting 
facilities. Vegetation would be removed in the immediate work area 
and should have a short-term effect. 

Wildlife and Fishery 

Wildlife . Wildlife species that would be impacted are songbirds, 

raptors, and small rodents who are either partially or wholly 

dependent upon human structures for their life requirements (see 
Chapter 2) . 

The most significant impact to terrestrial wildlife would be 
the loss of management ability for those habitats within the area 
of the townsite. Jordan Creek is one of the most important riparian 
zones in the area since waterways are scarce. Loss of the ability 
to manage habitat along the creek could affect population diversity 
associated with the riparian zone. Disturbed sites may affect the 
habitat requirements of a given species. 

Long-term impacts would be loss of the federal ability to 
manage 32 acres of wildlife habitat, especially in the riparian 
zone along Jordan Creek. Short-term impacts cannot be predicted 
because of insufficient knowledge about future actions in Silver 
City. 

Fishery . In Jordan Creek there are red-banded, brook, and rainbow 
trout (see Map 3-1) . The habitat is in good condition. Assuming 
that habitat alteration activities in and near the townsite would 
not occur in the future and that the State of Idaho water quality 



8-49 



standards are met and stream flows are maintained, trout, including 
the red-banded trout, would continue to survive successfully. 

Socio-Economic Characteristics 

Owyhee County . Owyhee County is a rural, agricultural county 
located in southwest Idaho. It has an agrarian based economy. The 
county would receive a small increase in tax revenues from the 
transfer of 32 acres from federal to private ownership. The 
increase in taxes cannot be quantified with the present data, but 
it should be greater than the $2,400 identified in Alternative 2. 

Community Characteristics . The Silver City Taxpayers Association, 
which was formed in the mid-1960's, is a quasi-governmental body. 
This is an organization of building owners. Implementing this 
alternative would give the community a more permanent character. 
Building values would increase as a result of stabilizing the oc- 
cupancy situation and creating a scarce commodity by limiting 
occupancy only to the present building owners. 

Social Attitudes and Values . Building maintenance costs may 
be greater to meet the requirements of deed provisions to the land. 
Building owners would feel they had a more permanent settlement of 
the land tenure problem. It should improve their attitude for 
cooperation with BLM to meet the objectives of preserving the 
historic integrity of the community. 

Service Systems . The present water supply system in Silver 
City is comprised of portions of two original systems that date 
back to the town's conception. Approximately 30 buildings are 
served by an 18,000-gallon storage tank and laterals. With the 
exception of one water-borne septic tank, all the buildings have 
outdoor privies . Many of these privies need repair or maintenance 
to meet state standards. 

The Southwest District Health Department determines whether 
sewage facilities and domestic water supplies meet state and 
county health regulations. If deficiencies are found, the com- 
munity would be required to take certain remedial steps. Enforcement 
of health laws would result in greater protection of public health. 

It is impossible to predict compliance to state health laws by 
building owners. 



8-50 



ADVERSE IMPACTS THAT CANNOT BE AVOIDED 



Cultural Resources 

Historical Archaeology. Two hundred and six archaeological sites 
and two ruins would become privately owned. In spite of the pre- 
cautions taken by the occupants, sites or ruins may become disturbed. 
Any site which becomes disturbed will lose some of its historic 
integrity if not scientific and interpretive values. Once dis- 
turbed, it remains so. Once destroyed, that portion of a site is 
lost to field studies and interpretations. 

Recreation 

The quality of the recreation experience would be reduced if 
the general public is denied access to the buildings and ruins of 
the town. 

Aesthetics 

There will be periods when the noise levels associated with 
the periodic construction activities intrude on the historic 
scene. This impact is considered to be a short-term adverse 
impact. 

Vegetation 

Minimal amounts of vegetation would be destroyed as a result 
of maintenance work. Rehabilitation efforts would restore native 
vegetation. Routine maintenance would improve the vegetative 
setting. Some undesirable vegetation would become established 
after rehabilitation. After establishment, these species often 
increase until they dominate the vegetative stand. 

Wildlife and Fishery 

The most significant impact to terrestrial wildlife would be 
the loss of federal management ability for those habitats within 
the area of the town site. 



8-51 



Chapter 9 

Consultation and Coordination 




MASONIC TEMPLE 



INTRODUCTION 



This chapter includes a brief history of consultation and 
coordination undertaken concerning this statement. There is also 
information about the organization of the ES team, federal, state 
and local agency contacts, significant meetings held, and a list of 
government agencies, organizations, and Silver City building 
owners that commented on the draft statement. 



ORGANIZATION OF TEAM FOR PREPARATION 
OF THE DRAFT ES 



On July 5, 1977, the team assembled in Boise, Idaho, to begin 
preparing this ES. The team consisted of a staff from the Bureau 
of Land Management (BLM) Idaho State Office, and the Boise District 
Office. Team members include a broad spectrum of specialists: 
range conservationist, fisheries biologist, wildlife biologist, 
archaeologist, recreation planner, mining engineer, realty specialists, 
socioeconomists. The project manager, team leader, editor, engi- 
neering technician, typists and draftsmen provided support, guidance, 
and coordination for the effort. 



CONSULTATION AND COORDINATION 
IN PREPARATION OF THE DRAFT ES 



During preparation of the draft, other federal and state 
agencies with special expertise relating to the proposed action 
were contacted for information. A record of these contacts is on 
file in the Idaho State Office. Prior to preparing the draft ES, 
Dr. Roderick Sprague, Professor of Anthropology, University of 
Idaho, and William B. McCroskey, Professor of Architecture, Univer- 
sity of Idaho were employed to provide technical expertise in 
archaeology and architecture, respectively. 

The National Park Service (NPS) was informally contacted 
several times during the preparation of the draft statement. By 
letter of January 19, 1978, the NPS informally reviewed this 
statement. Their comments have been considered. 

The Heritage Conservation and Recreation Service (HCRS), which 
was recently formed by combining the Office of Archaeology and 



9-1 



, T: _ 



Historic Preservation, NPS, and the Bureau of Outdoor Recreation, 
informally reviewed the preliminary draft statement on February 8, 
1978. 

The State Historic Preservation Officer (SHPO) was contacted 
several times during the preparation of the draft statement in 
regard to Section 106 of the Historic Preservation Act of 1966. 
Cultural resource information gathered for the ES, impact analysis, 
and proposed mitigating measures were delivered to the SHPO for 
preliminary review on October 28, 1977. In a letter dated 
November 10, 1977, he indicated that, "A successful solution can be 
achieved only by preparing a preservation plan with a reasonable 
prospect for enlisting support of both groups of interested parties: 
BLM and the building owners. Your preliminary statement recognizes 
this essential need." The Bureau of Land Management is presently 
consulting with the SHPO in regards to complying with the requirement 
of the National Historic Preservation Act. 

On July 8, 1977, the Idaho State Office sent out a news 
release describing BLM plans to prepare an ES and requesting input 
for the statement. In addition, letters were sent out on July 22, 
1977, to the Silver City taxpayers and to the following broad 
spectrum of federal, state, and special interest organizations: 

Congressmen and Senators - 4 

City and County Governments - 3 

State Clearinghouse - 16 agencies 

Other Federal Agencies - 22 

Resource Interest Groups and Conservation Organizations - 44 

Universities - 13 

These efforts to obtain a wide spectrum of input resulted in 
ten written responses. Nine responses were from Silver City 
building owners who stated that they will not accept a lease. The 
Oregon High Desert Study Group letter of August 3, 1977 supported 
federal control of Silver City public lands. 



CONSULTATION AND COORDINATION 
IN PREPARATION OF THE FINAL ES 



Over 400 copies of the draft ES were released to the public on 
April 21, 1978. Notification of its availability was published in 
the Federal Register on April 20, 1978. The notice announced a 45- 
day public review ending June 13, 1978. In addition to the Federal 
Register notice, a national news release was sent to 137 newspapers, 
58 radio stations, 18 television stations, and 2 news services. 



9-2 



A formal public hearing was held on May 25, 1978, at the 
Rodeway Inn in Boise, Idaho. An Administrative Law Judge presided 
over the hearing, which was recorded verbatim by a court reporter. 
Over 200 people attended the hearing, 17 of whom presented written 
or oral testimony to a BLM panel. Copies of the hearing transcript 
are available for public inspection at the Idaho State Office and 
the Boise District Office. 

All written comments and the hearing transcript have been sent 
with the FES to the Secretary of the Interior and the Environmental 
Protection Agency for review and are also available for public 
inspection at the State Director's Office, Bureau of Land Management, 
Idaho State Office, Federal Building, Boise Idaho. 



COMMENT AND RESPONSE 



All individuals testifying at the public hearing, and all 
comment letters received from federal, state and local agencies, 
organizations, and Silver City building owners have been assigned 
an index number for easy reference. All letters of comment that 
were received from these agencies, organizations and building 
owners have been published in this environmental statement. Forty- 
nine letters from individuals that support the building owners' 
request for ownership were reviewed, but they did not contain 
substantive comments and were not included in the FES. 

All comments were reviewed to determine if they met the estab- 
lished criteria for consideration by the environmental staff 
analysts in preparation of the final environmental statement (FES). 
In order to be considered, comments had to present new data, 
questioned facts or the adequacy of the impact analyses and raised 
questions or issues bearing directly upon the DES. The text of the 
FES was changed to reflect these comments, where necessary. 
Editorial comments (dealing, for example, with grammatical errors 
or small errors in information), if not substantive, were not 
responded to, although appropriate text changes were made. 



9-3 



Individuals Testifying at Public Hearing 



Commenter No. Speaker 



1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 



Jan Beckwith 

Joe Bennett 

Howard Bergeson 

Leon Church 

Mike Hanley 

Donald L. Hasselbring 

Jim Hyslop 

Julia Hyslop 

Will Hyslop 

George M. Klein 

Jack Morrow 

Jack Murphy 

Clarence Or ton 

Wilma Statham 

Gene Stoker 

Steve Stout 

State Senator 

Walter Yarbrough 



Representing 

Self 

Masons 

Owyhee County Commissioners 

Owyhee Cattlemen's Association 

Self 

Self 

Self 

Self 

Owyhee Historical Society 

Self 

Independent Order of Odd Fellows 

Silver City Taxpayers Association 

Silver City Taxpayers Association 

Self 

Self 

Self 

Owyhee County 



Agencies, Organizations and Silver City Building Owners 



18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 

27. 

28. 
29. 
30. 
31. 
32. 
33. 
34. 
35. 
36. 
37. 
38. 
39. 
40. 



Advisory Council on Historic Preservation 

U.S. Forest Service, Boise National Forest 

U.S. Soil Conservation Service 

U.S. Department of Health, Education & Welfare 

U.S. Department of Housing and Urban Development 

Heritage Conservation and Recreation Service 

U.S. National Park Service, Washington, D.C. 

U.S. Environmental Protection Agency 

State of Idaho, Division of Budget, 

Policy Planning and Coordination 

Idaho State Historical Society, State Historic 

Preservation Officer 

Owyhee County Commissioners 

Owyhee County Historical Complex-Museum and Library 

County of Owyhee-Clerk, Auditor and Recorder 

Owyhee County Treasurer and Tax Collector 

Association of Idaho Cities 

Associated Taxpayers of Idaho 

National Trust for Historic Preservation 

Oregon High Desert Study Group 

Owyhee Cattlemen's Association 

Silver City Taxpayers Assn., Inc. 

Cleo R. Swayne 

Bob Leonard 

Isabel Wees 



9-4 



41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

57. 

58. 

59. 

60. 

61. 

62. 

63. 

64. 



Mr. and Mrs. Adams 

Sandra Coverley and Karen Ford 

Gertrude Peer 

Martha Burton 

Jan Beckwith 

J. A. Bennett 

Alice Van Atta 

Wilbur P. Leonard 

Keith and Sydney Chadwick 

Donald L. & Darlene Reich 

Gloria Otto and Ned Williams 

Roy and Marjorie Hoagland & Lester and Marie Nelson 

Mr. & Mrs. John M. Burke 

Nick Ihli 

Eleanor Beaman 

Emeline A. Nettleton 

Richard & Bernice Birmingham 

K.W. and Barbara Brown 

Karl J. Laible, Jr. 

Clarence M. Orton, Jr. 

William P. Statham 

Harold & Wilma Statham 

Mr. & Mrs. Sid Orton 

Joe Nettleton 



Commenter Number 2 

(a) Comment : "One of the errors that states that in the early 
1950s the Leonard Store was closed. But Mrs. Leonard was my mother- 
in-law and she kept that store open until 196 8." 

(a) Response ; The narrative has been corrected. 

(b) Comment : "Among the other inaccuracies are the estimates 
of value. I see the Odd Fellows Hall listed at $30,000 and ours at 
$10,000. We spent $10,000 in the last five years in restoration 
and our building is much larger and in much better condition than 
theirs." 

(b) Response : The value of the non-taxed buildings, such as 
the Masonic Hall, has been deleted from the FES. Any future 
estimates will be based on established appraisal procedures. 

(c) Comment: I also note that the comparisons used to establish 
market value include such places as McCall and the lake front Lodge 
there, Featherville and River Front Lodge and choice recreational 
huts in Murphy Hot Springs area." 



9-5 



(c) Response : The information obtained in the brief, two-day 
search indicates a wide range of values for a wide variety of 
recreational/seasonal homesites. Because lease comparables were 
expected to be limited, fee values were also noted in anticipation 
of considering a percentage of fee as an alternate approach to 
estimating rental values. There are no known areas in Idaho (or 
anywhere else) which are closely comparable to the Silver City 
area. Therefore, no direct comparison can be made. Adjustments 
for size, location, access, amenities, lease requirements, re- 
strictions, conditions, etc., would have to be carefully considered. 

Commenter Number 8 

(a) Comment : "And, first of all, I'd like you to look at Page 
2-81 where you re talking about mere occupancy, improvement on 
public lands no matter how long gives no vested right. Perhaps 
this has already been addressed, but I don't believe that the 
statement has established that the land use for a city or town lots 
was not an authorized use in 1863 or that the people failed to 
qualify under the 1864 Townsite Law. I don't believe this has been 
addressed in the statement." 

(a) Response : Public lands were opened for settlement (not fee 
title) until 1934 when the Taylor Grazing Act and Executive Order 
6 910 were passed. These authorities withdraw public lands from 
settlement until the public lands were classified for that purpose. 
Several federal laws related to disposal of public land were avail- 
able for the settlements to gain fee title to the public land they 
occupied. In the case of Silver City, the community did not take 
advantage of the opportunity to gain fee title. 

The 1892 Mining Laws also allowed public land to be occupied for 
mining purposes. Since Silver City was occupied for mining purposes 
until World War II, unauthorized occupancy effectively began after 
mining stopped during the war. 

Commenter Number 11 

(a) Comment : "I join with Mr. Bennett in questioning the eval- 
uations of the four buildings listed on Page 8-44. I question the 
statement that non-taxed buildings are given a value based upon 
information supplied by the owners. I would ask the name of the 
member of the Independent Order of Odd Fellows who gave that infor- 
mation because since receiving this book we have contacted everybody 
we can think of and we can find no one who has said that they gave 
BLM any information." 

(a) Response : Mr. Bert Childs of Melba, Idaho, provided an 
estimated value for the 100F Building on September 20, 1977. The 
value of the non-taxed buildings has been deleted from the FES. 
Any future estimates will be based on established appraisal procedures 



9-6 



Commenter Number 13 

(a) Comment : "I also request the BLM incorporate into the EIS 
a more accurate and fair analysis of the work the homeowners have 
done to preserve Silver City." 

(a) Response : The text has been changed to reflect the work 
done to preserve Silver City. 



(b) 



Comment: "I request that BLM address all the buildings in 



Silver City. "There are many storage buildings that are not mentioned 
in the Environmental Impact Statement at all. They should be 
included, as they are a part of Silver City and within the study 
area." 

(b) Response : To be responsive to the needs of the building 
owner each tract (including all buildings) which is proposed for 
sale or lease will be addressed on an individual basis by BLM. 
Because of this consideration and the fact that the identification 
of the many storage buildings would not contribute to the ES or the 
successful solution of the issue, time and money was not spent in 
identifying these buildings. 

Commenter Number 14 

(a) Comment : "It would be my suggestion that the BLM do some 
research on roof lines in Silver City and study Picture No. 19 of 
the Donaldson collection at the Idaho Historical Society. It would 
be in their time requirement as it is an 1868 view." 

(a) Response : On page 2-43, the second paragraph should have 
read: "Many of these changes have resulted in alterations to the 
exterior that are not historically accurate. During the 1977 
architectural survey, exterior alterations and material or form that 
were not in keeping with the original construction were identified 
(McCroskey, 1977)." This is in keeping with The Secretary of the 
Interior's Standard for Rehabilitation and Guidelines for Rehabil- 
itating Historic Buildings which recommends preserving the original 
roof shape. 

(b) Comment : "On Page 5-3 of the EIS, and I quote, "If the 
property is a family heirloom, the loss is greater than if the 
property is just a second home for recreation purposes." To me 
personally, that statement has to be the most infuriating of all of 
their hundreds of misinterpretations. To make my home, my heritage, 
from whence I came and make it no more important than this heirloom 
teapot of my great grandmother's, that statement alone indicates 
the complete incompetency cf the BLM to deal in my historic values, 
let alone an historic site." 

(b) Response : The FES has been revised to better reflect the 
feeling of the Silver City homeowners. 



9-7 



Commenter Number 16 

(a). Comment : "In Chapter 2, Page 81 of the Environmental Draft 
under "Rights of Silver City Taxpayers," it states, "public land 
administered by the BLM." Doesn't this violate our state rights? 
They have no rights to administer lands within this state, according 
to the Constitution. The states have soverign rights and jurisdiction 
within their boundaries." 

(a) Response : The United States purchased 180,644,480 acres of 
public land from the British in 1846. The purchase is commonly 
known as the Oregon Compromise which included the present states of 
Washington, Oregon, Idaho, and western parts of Montana and Wyoming. 

The State of Idaho Admission Act of July 3, 1890, granted Sections 
16 and 36 of each surveyed township to the State of Idaho. Since 
the proposal doesn't involve State of Idaho lands, state rights are 
not violated. 

(b) Comment : "In the Environmental Draft, Chapter 1, Page 9, 
it states under "Failure to Apply or Accept a Lease," "Silver City 
building owners not signing a lease contract would be subject to 
trespass action." How can you trespass on your own land?" 

(b) Response : The land involved in this issue is federal land 
administered by the Bureau of Land Management. This land is subject 
to the policies of the U.S. Congress. 

Commenter Number 18 

(a) Comment : "Nevertheless, until the requirements of Section 
106 are met, the Council considers the DES incomplete in its 
treatment of historical, archeological , architectural and cultural 
resources. To remedy this deficiency, the Council will provide in 
accordance with its Procedures, substantive comments on the effect 
of the undertaking on these properties. Please call Brit Allan 
Storey at (303) 234-4946, an FTS number, to assist you in completing 
this process." 

(a) Response : On June 13 personnel from the Advisory Council 
on Historic Preservation met with BLM officials on site. A Section 
106 compliance statement is being prepared. No action will be 
taken until the Advisory Council has had an opportunity to comment 
on the statement. 

Commenter Number 20 

(a) Comment : "Page 2-67 - Volga wildrye, Kentucky bluegrass, 
cheatgrass, and dandelion are not native species as you indicate. 
Pages 3-6, 8-12, 8-23, 8-50, 8-61 and 8-77, under heading "Vegetation" 
we suggest use of different or additional terms to describe the 



9-8 



vegetation in first sentence. Many of the species mentioned occur 
in the natural plant community and do not fit under the terms, 
"domestic and ornamental," although they could be used for ornamental 
purposes ." 

(a) Response : The FES has been revised to reflect your comment. 

Comment er Number 23 

(a) Comment : "Unnumbered page following Summary . The list of 
DES reviewers shows, for the State of Idaho, only the Governor's 
Clearinghouse. The State Historic Preservation Officer also should 
be afforded the opportunity to comment on the proposed action. His 
comments should be included in the final statement and we suggest 
he be shown as a reviewer." 

(a) Response : The State Historic Preservation Officer has been 
afforded an opportunity to comment. His comments have been included 
in this ES. 

(b) Comment : Page 1-10 . The second paragraph states that 
Section 106 procedures will be followed after completion of the 
environmental statement, but it is not clear whether this refers to 
the draft or final statement. The Section 106 and NEPA processes 
should be followed concurrently. We recommend that BLM immediately 
initiate consultation with the Advisory Council on Historic Preser- 
vation as planned by the District Manager because of the following 
considerations: (1) local views must be taken into account in the 
decision process, (2) the various alternatives would have different 
impacts and varying degrees of BLM control over changes to individual 
properties, (3) there is a need for a preservation plan that includes 
both structural and archeological values, and (4) it is our feeling 
that the best solution will be a mix of alternatives and may include 
actions not appearing in the DES." 

(b) Response : On May 25, 1978, the BLM formally contacted the 
Advisory Council on Historic Preservation for their review and 
comment concerning the management opportunities described in the 
Silver City DES, INT 78-11, pursuant to our responsibilities under 
Section 106 of the National Historic Preservation Act of 1966. The 
Section 106 and NEPA processes will be followed separately but 
concurrently. Both statitory requirements will be fulfilled before 
decision is made on the issue. 

(c) Comment : "Page 1-16 . The relationship between the design 
review responsibilities of the local planning and zoning commission 
and BLM under the proposed action should be clarified. There 
appears to be a duplication of review which could lead to juris- 
dictional problems and inconsistencies in judgment." 

(c) Response : The FES has been revised to reflect your comment. 



9-9 



(d) Comment : "Page 2-42 . In the first sentence, reference to 
Tax Reform Act funds should be deleted because these funds are not 
available." 

(d) Response . The text has been revised. 
Commenter Number 24 

(a) Comment : "Page 1-8. It is unclear whether the Southwest 
District Health Department or the proposer would make a determination 
of no impact for water supply and sewage disposal." 

(a) Response ; Page 1-6 (DES), paragraph 4 states that, "The 
Southwest District Health Department of Idaho has the responsibility 
to enforce state and county laws and regulations that pertain to 
public health and safety. 

(b) Comment : "Pages 2-5 7 and 2-59. Is the claim "Tip-Tip" or 
"Tip-Top?" 

(b) Response : The claim is Tip-Top. It has been changed in 
the FES. 

Commenter Number 27 



(a) Comment . "I 



discovered that our offer to assist in 



developing a preservation plan under the Historic Monument Act of 
1949, 63 Stat 377, has not been considered." 

(a) Response : A legal review of the applicability of 63 Stat. 
377 to Silver City was conducted by the Field Solicitor on July 3, 
1978. He concluded that, ". . . the legislation and the regulations 
dealing with the utilization and disposal of real property (40 
U.S.C.A. 472(d)(1) and 41 CFR 101-4 7.103-12) provide that the 
public domain is not to be disposed of through the Federal Property 
and Administrative Services Act. Therefore, we agree with your 
statement in the Draft Environmental Impact Statement that this 
alternative proposal is not available because the land is public 
domain not under withdrawal." 

Commenter Number 29 

(a) Comment : "We suggest an addition to (3) p. 8-9 to read: 
Non-compliance would constitute a misdemeanor; any misdemeanor 
shall be a continuing misdemeanor and each day it is in existence 
shall constitute a separate offense. A fine of $100.00 a day for 
the misdemeanor. This will bring that covenant into line with the 
County Zoning Ordinance." 

(a) Response : The Bureau of Land Management does not have 
authority to impose this type of constraint. 



9-10 



Commenter Number 39 

(a) Comment : 
"Page 2-1 Silver City in a normal year is closed to snow for 4 to 

6 mos . 

"Leonards" general store closed in 1970. 

Most present day homeowners are descendants of earlier 

residents . 

Lot 62% Building was rebuilt before Aug. 14, 1975 when 

Silver City Zoning Ordinance took effect. 

Annual visitors to Silver City range closer to 10,000. 

Lot 62% Building was constructed in September 1954, by 

Tom Rock, Marvin Aire and Mr. McNally. It was constructed 

from the ruins of the Bill Hayword house. 

Lot 25 use has been as a gift shop for three seasons, 

1975_76-77. I purchased the building on October 26, 

1976. It will be recorded soon." 



Page 2-18 
Page 2-19 

Page 2-44 

Page 2-61 
Page C-l 



Page C-l 



(a) Response : These corrections have been made. 
Commenter Number 44 

(a) Comment : "Improvement of water and sewage systems is 
listed in the draft EIS as a benefit of lease action. Actually this 
will occur whether the land is occupied under deeds or leases. The 
water system is at present being replaced in sections without lease 
stipulations by the homeowners at their own expense. (Draft EIS P. 
2-93) yet the draft EIS fails to list this as a benefit under Sale 
of Public Land to Building Owners— under which this benefit would 
certainly continue." 

(a) Response : The water system repaired by building owners has 
been known to be contaminated (Draft ES p. 2-82). A majority of the 
outhouses are not in compliance with state health laws (Draft ES p. 
2-83). Implementation of the lease would insure that these defi- 
ciencies are corrected. This would result in a positive impact. 

If the health laws are enforced and the building owners comply, 
there would be a beneficial impact under Sale of Public Land to the 
Building Owners. But because of the past performance of the building 
owners in maintaining the water and sewer system, it is impossible 
to predict compliance with state health laws (see Draft ES pg. 8-16). 

(b) Comment : "On page 3-9 the draft EIS makes the false 
statement "the lease stipulations for water and sanitation systems 



9-11 



could create a need for greater co-operation among building owners 
which may increase social cohesiveness in the Silver City Taxpayers 
Association." I find this misrepresentation disgusting. The tax- 
payers are already co-operating freely in this project without any 
help from the BLM." 



(b) Response ; 

(c) Comment: 



The FES has been corrected. 
"The draft EIS erroneously implies on page 3-10 



that only leasing stipulations would insure compliance with the 
Southwest District Health Departments water and sanitation standards, 
when in fact the water and sewer systems in Silver City must be 
improved by homeowners to meet state requirements enforced by the 
Southwest District Health Department whether there is a leasing 
arrangement or not." 

(c) Response : On page 3-10 (DES), it is pointed out that the 
SDHD has compliance authority concerning water and sanitation and 
that the BLM supports their efforts to insure compliance. 

(d) Comment : "The last paragraph on page 3-11 again misrepre- 
sents the facts by giving the leasing proposal undue credit. If 
improvement of sewage facilities is to be considered a benefit of 
the proposed lease action then it should also be listed as a benefit 
of Sale of Public Land to Building Owners. " — 



(d) Response : 

(e) Comment: 



See Commenter Number 44, Item (a) 



"Again in the summary of beneficial and adverse 
impacts on page 8-2 the draft EIS states that one beneficial impact 
of the lease would be an "increase in community cohesiveness" when 
in actuality the direct opposite will occur 

(e) Response : The text has been changed to reflect your 
comment . 



Commenter Number 50 

(a) Comment : "Since our building situated in Block 1, Lot 11, 
has been classified as a "major" historic building, we would like to 
correct discrepancies published in the EIS. Our research indicates 
that this building was never used for anything but a private residence 
and since the dwelling has only 'one' bedroom, it was unrealistic 
for the building to have been referenced as a "boarding house." It 



9-12 






has only been commonly known as the Rogers House since 1956, when 
the building was owned by a Mrs . Clyde Rogers. Also, we have a 
photo dating 1866 showing the building under construction, making 
it older than reported in the EIS . " 

(a) Response ; Corrections have been made. 
Commenter Number 51 

(a) Comment : "As a beneficial impact under lease on the 
socio-economic resource on page 8-2, the DEIS states that the 
sewage and water systems will be improved. The improvement of 
these systems will be an action independent of whatever alternative 
action is adopted. It is not fair to cite that improvement as a 
benefit exclusive under the lease alternative." 

(a) Response ; See Commenter Number 44, Item (a). 

(b) Comment: "One issue that must be addressed in the DEIS is 
the impact of tourists on the resources of Silver City. Tourism 
has made more changes in the environment of Silver City than any 
other force in the last 30 years. The BLM must discuss tourism 
under the various alternatives so that the public can judge which 
alternative will allow the BLM the best opportunity to provide 
services for and control over the visiting public." 

(b) Response : Tourism has been discussed under Visitor Use on 
pg. 2-61 of the Draft ES. Since tourism is not related to the 
issue of unauthorized use of public land by Silver City building 
owners, it is not discussed in detail in the ES. Once the tenure 
problem is resolved, the question of (tourism) recreational use 
will be addressed in a recreation management plan. 

(c) Comment : "The section on historic archaeology (2-53) 
appears to this reader to be extremely sketchy considering the 
amount of testing which was described in Appendix C, JjThe Method- 
ology used in Assessing the Archaeological Resources." At the 
least, a map of significant archaeological sites (similar to Maps 
2-13, 2-15, 2-16) should be included. A summary of Dr. Spragues' 
findings and evaluations (similar to the building ownership table 
shown on Appendix C-l) should be included in the report." 

(c) Response : The archaelogical section was written in a 
short and concise manner for the layman. A detailed report is 
available for review in the BLM State or District Offices. Signi- 
ficant archaeological sites are not normally identified in widely 
circulated documents to prevent their location and destruction by 
amateur archaeologists and bottle collectors. 



9-13 



(d) Comment : "A section should be devoted to an explanation 
about how the existence of an archaeological site on a building 
owner's lot will effect his rights and the public rights whether 
the building owner acquires the lot by lease or sale." 

(d) Response : The rights of the building owners will be 
affected by the presence of archaeological sites under the sale or 
lease proposals. 

(e) Comment : "The section in Appendix A-l which discusses the 
Methodology Used in Estimating Lease Rental should be redone. The 
proposed lease price cannot be set by comparing Silver City lots 
with the examples cited because of the examples cited are located 
on or near water, and thus are worth considerably more than the 
Silver City lots, which are miles from water suitable for recreation 
or scenic beauty." 

(e) Response : See Commenter Number 2, Item (c) . 

(f) Comment : "Will the rights of the existing mining claimants 
be preserved and honored? What privileges and what activities does 
a lode mining claimant have over the land leased or sold to a 
building owner? What rights does a placer miner claimant have 
under the same conditions? Can assessment work or ditching be done 
on the lessee's lot? 

(f) Response : All proposals in this ES are subject to existing 
valid mining rights. Any mining must be done in accordance with 
the mining laws and regulations. 

(g) Comment : "Does historic preservation prevail over mining 
rights?" 5 

(g) Response : No. 

(h) Comment : What rights will historians, archaeologists and 
administrators have over the rights of the building owners?" 

(h) Response : Historians and archaeologists will have no 
rights over the building owners. BLM involvement is described in 
the covenants or restrictions of each alternative. 

(i) Comment : "What protection will the building owner have 
against intrusion by tourists? Inspectors? Grazing animals? 
Miners? BLM?" 

(i) Response : The Silver City building owners will have the 
same protection as any private citizen. 

(j) Comment : "What will the BLM be able to do to help the 
building owners with protection, undue costs of maintenance, and 
damage due to tourists?" 



9-14 



(j) Response : Once the tenure problem is resolved, BLM will 
prepare a management plan for the Silver City area that will address 
these problems. 

(k) Comment: "What uses can the building owner make of the 
land adjoining his building?" 

(k) Response : The building owners have the same right to use 
public land as does any private citizen. 

(1) Comment : "What right of appeal will the building owners 
have against charges brought by the administering organization?" 

(1) Response: If the building owners or successor in interest 
do not comply with the provisions of the lease or deed, the Secretary 
or his delegate, after due notice and in accordance with the rules 
and regulations promulgated by the Secretary to manage the historic 
properties of Silver City, may take all appropriate actions, including 
legal proceedings, to insure compliance and maintenance of the 
historic value. 

(m) Comment : "The DEIS states that a sale action would require 
covenants. The DEIS should describe those covenants in detail and 
explain what the purpose of each covenant is." 

(m) Response : The purpose of the covenants is to insure 
protection of the historic value of Silver City. The proposed 
covenants are presented in Appendix E. 

Commenter Number 60 

(a) Comment : "Pg. 1-4, 2-29, and 2-31 Map. Why are not all 
the buildings shown? I don't mean outhouses, either. There are 
several storage sheds not shown." 

(a) Response : See Commenter Number 13, Item (b) . 

(b) Comment : "Pg. 1-12, para. 3 About 90% of the building 
owners were members of the Silver City Taxpayers Association at 
this time." 

(b) Response : The ES has been revised. 

(c) Comment : "Pg. 2-1, para. 3 The Silver City road is 
normally closed by snow from the end of November to the middle of 
May . " 

(c) Response : The text has been corrected. 

(d) Comment : "Pg. 2-12, para. 2 Map 2-7 does not show all 
the buildings.' 



9-15 



(d) Response : Map 2-7 shows all major buildings that are 
involved in the proposal. The small storage buildings, etc., are 
not shown as explained in response to Commenter Number 13, Item (b) . 

(e) Comment : "Pg. 2-18, para. 2, 4th sentence Your use of 
the words "appears" and "slowed somewhat" are very discrediting to 
the homeowners of Silver City. If it were not for their efforts, 

the entire town would have been destroyed by vandals and the elements, 



(e) Response : 
comment. 



The text has been changed to reflect your 



(f) Comment : "Pg. 2-18, para. 3 The correct spelling is 
"Leonard's". My grandmother and uncles ran the store up to and 
including 1969. Lillian Leonard died December 15, 1970. Willie 
Hawes, my great uncle, died February 19, 1968. Pg. 2-21 Silver 
City is not supported by tourists' income." 

(f) Response : The ES has been changed. 

(g) Comments : "Pg. 2-2 7, para. 1 BLM has never managed 
Silver City or surrounding area." 

(g) Response : At present the BLM's effort to manage recreation 
use in the study area is minimal. The Boise District has provided 
some visitor use supervision and controls littering by placing a 
recreation aide and fire crew in Silver City during the summer 
months . 

(h) Comment : "Pg. 2-30 Block Lot # should be 32. Pg. 2-41, 
Fig. 2-33 The ice house has never been moved. When my father 
bought the property in 1942, there was still part of the flooring 
left from the brewery which was next to the ice house. I have 
never seen a photo showing the ice house in a different location. 
We have done some work on the foundation under it to preserve it, 
but have never moved it." 

(h) Response : The ES has been corrected. 

(i) Comment : "Pg. 2-44, 2-45, 2-46, 2-47, 2-48 Why don't you 
have a listing of all the things the owners have done to preserve 
their buildings that are not considered to be "intrusive"." 

(i) Response : The ES has been amended to better reflect the 
efforts of the building owners in preservation of Silver City." 

(j) Comment : "Pg. 2-78, 2-85, para. 2 We have had a watchman 
in Silver City from October 15 to June 15, since the late I960 's. 
Pg. 2-79, para. 2 Metal roofs can hardly be considered to be a 
"modern convenience". Silver City residents put metal on roofs 
beginning in the late 1800 's." 

(j) Response: The text has been corrected. 



9-16 



(k) Comment : "Pg. 2-80, para 4 Owyhee County residents do 
believe Silver City is an important issue. Many of them have 
family history attached to Silver City and surrounding area, and 
visit the area quite often." 

(k) Response : The ES has been changed to reflect your comment. 

(1) Comment: "Pg. 6-1 Please name the land uses which have 
been prevented due to our occupancy. You certainly cannot name 
camping, fishing, hunting, hiking, horseback riding, snowmobiling, 
cross-country skiing, grazing and many others, as Silver City and 
surrounding area have been used for these activities." 

(1) Response : The text has been appropriately revised. 

(m) Comment : "The methology used to arrive at market values 
for land in Silver City is completely wrong. You cannot use as 
comparable, land in the Featherville area, Payette Lake area, 
Stanley Basin area, Soldier Mtn. Ski area, Camas Creek Subdivision 
area or Magic Reservoir area, as these areas have much more to 
offer in recreation than does Silver City. They have year-round 
access, are near rivers and lakes, and have forest areas. Silver 
City does not have any of these." 

(m) Response: See response to Commenter Number 2, Item (c) . 

(n) Comment : "Appendix C: Block 1, Lot 51 - This was a 
storage garage until converted to a dwelling by Mr. Albertine in 
1976. Block 3, Lot 84, was a dwelling in 1951 as it is today. 
Lot 85 was always a general store and dwelling; was not vacant in 
1951. Block 7, Lot 28^, was used for storage in 1951; Lot 31, 
storage, 1951; Lot 32, dwelling, 1951." 

(n) Response : The text has been corrected. 

Commenter Number 61 

(a) Comments : "The structure on Lot 54, Block 1, was not built 
in 1893 (as stated in Appendix C) but, rather, was built in the 
mid-1 880' s." 

(a) Response : The ES has been corrected. 

(b) Comment : "The Draft EIS is void of any direct agency 
recognition of the significant contribution made singlehandedly by 
the Silver City homeowners to preserve the cultural resources in 
Silver City. Rather, the credit and acknowledgement is made indirectly 
by quoting an architectural historian's report, prepared under 
contract." 

(b) Response : The FES has been amended to better reflect the 
contributions made by the homeowners. 



9-17 



(c) Comment ; "No attempt was made by the BLM in the Draft EIS 
to assess the vast amount of damage done to the archaelolgical 
resources in the 1960's through numerous instances of illegal 
excavation or to estimate the value of the resources now preserved 
if measures had not been taken by the Silver City homeowners to 
halt this looting of antiquities." 

(c) Response : Lack of adequate information has made it 
impossible to estimate the past damage to the archaelolgical resource. 
Recognition of the building owners' efforts to protect the cultural 
resource is acknowledged on pg. 2-54 of the DES and in the FES. 

Commenter Number 64 

(a) Comment : "The method used in establishing dollar values 
on the lots for sale or lease seems a bit suspect. The places 
studied by the EIS team to arrive at this price are fast growing 
recreational and summer home areas within reach of good roads. 
Water and sewer are probably available or could be provided at 
reasonable cost. But in Silver City no sewer would be practical 
and it is doubtful that running water could be put in buildings on 
the East side of Jordan Creek due to exposed rock formation. The 
necessary restrictions to maintain the historic integrity of the 
town would stop any commercial growth, new buildings or changes or 
additions to present buildings, thus freezing sale value to the 
present value of the buildings." 

(b) Response : See response to Commenter Number 2, Item (c) . 



9-18 



LETTERS OF COMMENT 






n 






May 8, 1978 



Advisory Council on 
Historic Preservation 

1522 K Street N.W. 
Washington. D.C. 20005 



Mr- Wm. L- Mathews, State Dire 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 83724 



Dear Mr. Mathews: 

This is in response to Dean Bibles' recent request for comments on the 
draft environmental statement (DES) for Silver City, Idaho. We have 
reviewed the DES and note that the undertaking will affect the Silver 
City Historic District, Owyhee County, a property Included in the 
National Register of Historic Places. Pursuant to its responsibilities 
under Section 102(2) (C) of the National Environmental Policy Act of 
1969, the Council has determined that this DES does not demonstrate 
compliance with Section 106 of the National Historic Preservation Act 
of 1966 (16 USC 470f, as amended, 90 Stat. 1320) in accordance with ^ 
the "Procedures for the Protection of Historic and Cultural Properties' 
(36 CFR Part 800), with regard to this proposal. However, it appears 
that the Bureau of Land Management recognizes its responsibilities 
pursuant to Section 106, as amended, and will carry them out prior to 
making any decision regarding the proposed undertaking that would 
foreclose proper consideration by the Council of the alternatives 
to avoid adverse effects on the historic district. 

Nevertheless, until the requirements of Section 106 are met, the Council 
considers the DES incomplete in its treatment of historical, archeo- 
logical, architectural and cultural resources. To remedy this deficiency, 
the Council will provide in accordance with its Procedures, substantive 
comments on the effect of the undertaking on these properties. Please 
call Brit Allan Storey at (303) 234-4946, an FTS number, to assist you 
in completing this process. 

Sincerely youa 



c 



youoe, 

-'Loui^S. Hall 
Assistant Director, Office of 
Review and Compliance, Denver 



United States Department of Agrici 
forest service 

Boise National Forest 
1075 Park Boulevard.., 
Boise, 



Idaho ^-#3-7 (Dj^. ;. , 



3 -i^-' 



/cV- 1950 
'■' ' '-May 11, 1978 



r* ■ 



**Jj 




Wm. L. Mathews, State Directorr^ y^* • .^jWjK 
Bureau of Land Management Wjj »wt»t?fo& 
Federal Building, Box 042 v'v %>■ 
550 W. Fort Street \&N 

Boise, Idaho 83724 X . . 



Several of my staff and I have reviewed the Draft Environmental 
Statement for Silver City, Idaho. It is a well prepared document 
and a good review of the issue. 

We have no comments to offer at this time but appreciate the 
opportunity to review your statement. 



Sincerely, 

EDWARD C. MAM 
Forest Supervisor 



The Council h an independent Will of the Executive Branch of the Federal Government charged by the Act of 
October I J, !9&6 to advise the President and Congress in the field of Hntoric Preservation. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

SOIL CONSERVATION SERVICE 



¥ 



S23OT 



JUN13 1978 




Room 345, 304 North 8th Street, Boise, Idaho 83702 



Bureau of Land Management 
Boise District 



June 8, 1978 



Dean Bibles 

District Manager 

Bureau of Land Management 

230 Collins Rd. 

Boise, Idaho 83720 

Dear Mr. Bibles: 

My staff has reviewed the Silver City Draft Environmental Impact 
Statement and we submit the following comments. 

Page 2-67 - Volga wildrye, Kentucky bluegrass, cheatgrass, 
and dandelion are not native species as you indicate. 

Pages 3-6, 8-12, 8-23, 8-50, 8-61 and 8-77, under heading 
" Vegetation ", we suggest use of different or additional terms 
to describe the vegetation in first sentence. Many of the 
species mentioned occur in the natural plant community and do 
not fit under the terms, "domestic and ornamental", although 
they could be used for ornamental purposes. 

Thank you for the opportunity to review and comment on this draft 
environmental statement. 




cting) 



Amos'f. Garrison, Jr. 
State Conservationist 



■ ! idm y^.— 


,KPM 1 


1 OPE R 1 .... - 


i*OM , 


|CASC 


ewjNj 


_j luWY | 


| JAliU : 


£A?!D 


illS. 1 


Action: 


Comments: 



DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 
PUBLIC HEALTH SERVICE 

CENT6H POH DISEASE CONTROL 
ATLANTA, CFOBCIA 30333 
TELEPHONE: ($0<n^J3-3J1l 



ft: W&J& 

'■ '87S*fP 

foil 



\ May 5, 1978 



v.. 






Mr. William L. Mathews, 

State Director 

Bureau of Land Management , ■ ' , ' 

Federal Building, Box 042 

550 W. Fort Street 

Boise, ID 83774 

Dear Mr. Mathews: 

The draft environmental statement for Silver City, Idaho , originally 
sent to the CDC office in Fort Collins, Colorado, has been referred 
to this office for reply. The planned work does not Indicate the 
creation of significant mosquito-producing habitats which would affect 



the health of local inhabitants. We have 
concerning vectorborne disease impacts. 



Please change the mailing key : 
to the Atlanta facility. 



further i 



■ offer 



re directed 



■^0 



!l C. Breeland 



Water Resources Activity 
Chief, Medical F.ntomology Branch 
Vector Biology and Control Division 
Bureau of Tropical Diseases 



cc: Idaho State Department of Health 
HEW Region X 



A 



9-19 



" ■ ;i 



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

REGIONAL OFFICE 

AHCADE PLAZA BUILDING, 1321 SECOND AVENUE 

SEATTLE. WASHINGTON 9B101 



May 17, 1978 



REGION X 

Office of Community- 
Planning § Development 



Mr. William L. Mathews 

State Director 

Bureau of Land Management 

Boise District Office 

230 Collins Road 

Boise, Idaho 83702 



10D M/S 317 



I believe a better cooperative effort is needed if preser- 
vation goals are to be met. 



Thank you for the opportunity to comment. 




C- Seal i a 
ant Regional Administrator 



Dear Mr . Mathews : 

Subject: Draft Environmental Impact Statement 
Silver City, Idaho 

We have reviewed the statement submitted with Mr. Bible's 
letter. 

The proposed action is to lease certain tracts of public 
lands to existing building owners to allow continued use. 

The statement indicates that Section 106 procedures will be 
followed before leases are issued. We are not sure if the 
procedures would adequately safeguard the historic properties 
as it appears that although the district is designated on 
the historic register, there is no historic preservation 
plan. It would seem to us, the most logical process would 
be for the nominating agency to have developed a preserva- 
tion plan, and have the preservation plan subject to an 
environmental statement prior to acceptance. We believe 
this would give subsequent State and Federal programs better 
guidance in the preservation of historic structures. 

We believe you have put considerable effort into this well 
prepared impact statement and yet you will need to spend 
additional time to go through the Section 106 process. If 
a preservation plan were already in existence, you would 
have been in a much better position to assess the impacts 
of the lease and what restrictions you would have to put 
into the lease. 




ER-7 
78/11 



UNITED STATES 
DEPARTMENT OF THE INTERIOR 

HERITAGE CONSERVATION AND RECREATION SERVICE 

NORTHWEST REGION 
9 1 S SECOND AVENUE. RM. 990 
SEATTLE. WASHINGTON 981 74 



Your ref: 1792 (911) Silver City 



Memorandum 

To: Idaho StaCe Director, Bureau of Land Managei 



JUN 5 1978 



Regional Director, Northwest Region, Heritage Conservation and 
Recreation Service 



Subject: Review of Draft Environmental Impact Statement for Silver City, 
Owyhee County, Idaho 



We have reviewed the subject DES and are sending you our 
by D. Dean Bibles, District Manager* 



ments as requested 



GENERAL COMMENTS 



The DES, in general, is well written and adequately describes the historic 
Significance of remaining Silver City structures. The need to preserve these 
properties is also recognized. However, we have learned through contact with 
the State Historic Preservation Officer that the property owners who would 
be directly affected by your proposal to lease occupied lands are strongly 
opposed to it. Implementation reportedly could result in destruction or 
removal of historically significant properties by the owners. The SHPO has 
said that he has voiced opposition to Che proposal to BLM. but these comments 
do not appear in the DES. Ho also is concerned that the DES, itself, could 
adversely affect historic properties by antagonizing certain owners to the 
point of carrying out previous threats to destroy or remove their buildings. 
To resolve this controversy, we feel that Immediate consultation with the 
Advisory Council on Historic Preservation is needed in accordance with 36 
CFR Part 800. The District Manager lias informed us in a recent telephone 
conversation that a meeting with ACHP is scheduled for June 13, 1978. 

DETAILED COMMENTS 



Preservation Officer also should be afforded the opportunity to comment 
on the proposed action. His comments should be included in the final state- 
ment and we suggest he be shown as a reviewer. 

Page 1-10 . The second paragraph states that Section 106 procedures will be 
followed after completion of the environmental statement, but it Is not clear 
whether this refers to the draft or final statement. The Section 106 and 
NEPA processes should be followed concurrently. We recommend that BLM 
immediately initiate consultation with the Advisory Council on Historic 
Preservation as planned by the District Manager because of the following 
considerations: (1) local views must be taken Into account in the decision 
process, (2) the various alternatives would have different impacts and vary- 
ing degrees of BLM control over changes to Individual properties, (3) there 
is a need for a preservation plan that Includes both structural and archeo- 
logical values, and (4) it is our feeling that the best solution will be a 
mix of alternatives and may include actions not appearing In the DES. 

The Section 106 procedures should be completed, including execution of a 
memorandum of agreement, before the FES is Issued. This is necessary to 
insure that the decision maker has sufficient Information to reach the best 
decision. Since the Advisory Council consultation process is designed to 
discover the best preservation alternatives in a particular situation, we 
could not comment favorably on an FES for this undertaking until the Section 
106 process is concluded and documented in the FES, 

Page 1-16 . The relationship between the design review responsibilities of 
the local planning and zoning commission and BLM under the proposed action 
should be clarified. There appears to be a duplication of review which 
could lead to jurisdictional problems and inconsistencies in judgment. We 
are pleased to see that the Secretary of the Interior's standards for rehabili- 
tation will be used for determining the acceptability of alterations and new 
construction. We suggest that review of property alterations and new con- 
struction include consideration for preserving archeological resources. 

Page 2-42 . In the first sentence, reference to Tax Reform Act funds should 
be deleted because these funds are not available. 



fyL~~#.< 



Maurice H. Lundy 
Regional Director 




.umbered pane following Sui 



The list of DES reviewer 



State of Idaho, only the Covernor's Clearinghouse. The State Historic 



9-20 




Sst United States Department of the Interior 

NATIONAL PARK SERVICE 
WASHINGTON, D.G, 20240 



JUN 8 1978 



To: Director, Bureau of Land Management: 

ACTING 

From: Director 

Subject: Draft environmental statement for Silver City, Idaho 
(DES 78-11) 

Since personnel from the National Park Service have previously provided 
assistance with this project, we have given the statement a very 
thorough review and have the following comments. 

General Comments 

Alternative 2, Sale of Public Land to Building Owners, and Alternative 
7, Special Legislative Alternative, Trustee Townsite, should receive as 
much consideration as the proposed alternative since they appear to 
afford ample protection to the historical values of Silver City and 
will probably create fewer problems for BLM. Rental collected by BLH 
under the proposed alternative would probably reduce the amount of 
money which building owners could spend on maintenance of their build- 
ings. While this may encourage some of the more economically marginal 
owners to sell, the new owners may exert more pressure for development 
and amenities and may have less commitment to preservation of the town 
than descendants of the original owners. Continuity of ownership 
should be given consideration in historic preservation- 

The work necessary to preserve the structures, compared to the short 
term of the leases, will not encourage present owners to stay. It is 
clear from the statement that current occupants of the town have had a 
pride in ownership that may be lost with some of the replacement leases 
and that some of the present owners view the leases as a way for BLM to 
wrest their buildings from them. 

Specific Comments 

Page 1-6. If BLM does not gain title to the buildings by requiring 
quit claim deeds to the structures along with the leases or through 
other means, it is questionable whether lease clauses could require 
maintenance of the buildings to a preservation standard. 



Page 1-8. It is unclear whether the Southwest District Health Department 
or the proposer would make a determination of no impact for water supply 
and sewage disposal. 

The discussion of regulations governing commercial establishments seems 
to apply primarily to food and beverage establishments and not to the 
numerous other types of commercial enterprises. The role of BLM in 
setting standards for other commercial establishments should be discussed 
in more detail. 

Pages 2-57 and 2-59. Is the claim "Tip-Tip" or "Tip-Top"? 

Page A-l. The lack of easy, year-round access and the lease requirements, 
restrictions, and conditions should be considered when setting fair mar- 
ket value. A statement to that effect would also be in order. 

We hope our comments assist you in planning for Silver City. 




1, 



U. S. ENVIRONMENTAL PROTECTION AGENCY 

REGION X 

1200 SIXTH AVENUE 

SEATTLE, WASHINGTON 9B101 




B8& M/S 443 



William L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 23724 

Dear Mr. Mathews: 

We have completed our review of your draft environmental impact 
statement for Silver City, Idaho. 

From the standpoint of the Environmental Protection Agency's areas 
of concern and expertise, we are rating this statement LO-1 (LO - 
Lack of Objections; 1 - Adequate Information). This rating will 
be published in the Federal Register in accordance with our responsi- 
bility to inform the public of our views on proposed Federal actions 
under Section 309 of the Clean Air Act, as amended. 

We appreciate the opportunity to review this draft environmental 
impact statement. 




State Of Idaho 

DIVISION OF BUDGET, POLICY PLANNING AND COORDINATION 

lo| EXECUTIVE OFFICE OF THE GOVERNOR 



JOHN V. EVANS 



Sincerely, 



jUujt 



te-u-<kut 



jpAACfik 



Alexandra B. Smith, Chief 
Environmental Evaluation Branch 



iliT % 

JUN 5 1978 



Stalehouse 
Boise. Idaho 83720 



Bureau of Ulrt Management 
Boise- LILiricl 



Zu.kho.ii o{, Land Management 
2 30 Collini Road 
Soiie, Idaho lilOl 



The State. Qtean.lnakau.ie ii iubmitting comment* received con- 
cerning the BLM'i SILVER CITS' Via{t invito nmental Impact State- 
ment (SA1» 00410111) . 

The aJieawide clearinghoaie, Ida-One Regional Planning S Development 
Miociation believei "...the ielected alternative to renew the 
leaiel with reitrictioni on development will but ierve the came 
oi hiitoric preitrvation. It ii certainly a iite worth preiervmg 
in itk na.to.nal itate." The remaining tut ttvltWCU "do opened 
comment* iavored Alternative >i. Other reviewing agenaei iab- 
mitted no eommenti on thii PEIS. 

The State Clearinghoaie appiteeiatei the opportunity to review 
thii PEIS and requeitt eopiei of, iubieqaent pablt.cati.ont and 
f,inal E1S ai completed. 



Michelle Liebel 

STATE CLEARINGHOUSE C00RVJHAT0R 



9-21 




EQUAL OPPORTUNITY EMPLOYER 



IDAHO STATE H 

S10 NORTH JULIA DA' 




SOCIETY 

>AHO H3W6 




STATE MUSEUM 



ArR27 1978^ 

i.-.-ipatwoH'c* 



April 26, 1978 



Mr. William L. Mathews 
State Director 
Bureau of Land Management 
Boise, Idaho 

Dear Mr. Mathews; 

Through the kindness of a friend, I have been able to borrow a copy of your 
current draft environment impact statement for Silver City and to discover 
that our offer to assist in developing a preservation plan under the Historic 
Monument Act of 1949, 63 Stat 377, has not been considered- Yet the reason 
for omitting this possibility (because under 41 CFR 101, public lands or 
public domain suitable for disposition under public land mining laws are ex- 
cluded from disposal as surplus real property) appears not to apply. As 
your report notes, this area is not suitable for disposal under public land 
mining laws and has been withdrawn in 1974 from mineral entry. Your own 
department of the Interior mining specialists concluded in 1973 that the 
townsite offers little or no mining potential. Any leases or sales of lands 
would involve an identical problem with existing claims. 

Because these lease or sale proposals, aside from arrangements developed 
under the Historic Monument Act of 1949, threaten historic community values 
at Silver City (as explained in my recent correspondence) this possibility 
offers the beBt available prospect for conserving historic and cultural 
resources there. Consideration really ought to be given to this alternative. 

Sincerely yours , 



tiMlM- 



Merle W. Wtllfl 

State Historic Preservation Officer 



Diit. Mo. l 

Frank Juyo 

Dm. Ho, 2 

Howare^B^Wr^eso 
Diit. No. 3 

Donald L. Davii 



QuMfUee County 3i 



Court House 
MURPHY. IDAHO 83630- 



May 22, 1978 |., 




Mr. William L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 042, 
550 West Fort Street 
Boise, Idaho 83724 

Dear Mr. Mathews : 

Silver City was the County Seat for Owyhee County from February 1, 
1867 until the year 1934, therefore, we the Board of County Commissioners 
of Owyhee County, would like to make the following comments on your 
draft environmental statement for Silver City. 

We are in favor of the Alternate Plan No. 2:"Sale of Public Land 
to Building Owners", with few restrictive covenants. 

Owyhee County has a Silver City Historical Preservation Ordinance, 
adopted and approved on the 14th day of August, 1975; we also have appointed 
an Historic. Advisory Committee, and have employed a Building Inspector. 
The Southwest Health District, and the State Department of Health and Wel- 
fare also have jurisdication over this area, this seems to us to be adequate 
supervision. 

Silver City would not be in existence today if it were not for the 
efforts of the individual who owns his home in this historic mining 
town. We feel the homeowners are making a sincere effort to maintain 
these buildings in an historic manner. 

Sincerely yours, 



Howard E. Bergeson, Cha 



T-*'7 




Commissioner 



SILVER CITY DRAFT ENVIRONMENTAL IMPACT STATEMENT 
Owyhee County Historic Advisory Committee Statement 
May 3, 1978 

The Committee recommends county support of a combination of alternatives 2 and 

We suggest the Secretary of the Interior sell under (3) of Page 8-7, which 
reads, "Disposal of the tract will serve important public objectives which 
outweigh other public objectives which would be 'served by maintaining the 
tract in Federal ownership." 

Public objectives that can best be served by private ownership of land and 
buildings is the indefinable but aesthetically pleasing experience that comes 
from individual interpretation, adaptation, textual use of. and upkeep of 
the lands and buildings. No matter how hard you try, management from institu- 
tional viewpoint shows repeated usage and adaptation. 

There are any number of contrived, restored, agency managed "ghost towns " 
The Committee feels that the unique feeling of Silver City is largely con- 
tributed by individual ownership which should be supported. 

We suggest an addition to (S) p. 8-9 to read: Non-compliance would constitute 
a misdemeanor; any misdemeanor shall be a continuing misdemeanor and each day 
it is m existence shall constitute a separate offense. A fine of $100 00 a 
day for the misdemeanor. This will bring that covenant into line with the 
County Zoning Ordinance. 

Regarding statement P. 8-10, "The sale would also mean a permanent loss of 
opportunity for full federal management," Committee feels one of the unique 
features of Silver City is that it is a slice of living history. An ongoing 
experience of 19th Century life; that much of the aesthetic value of the ' 
town is just because the people are involved. 

Under alternative 6, the Committee suggests that 6 buildings be listed as of 
such historical significance to warrant being purchased by a public agency 
when owner wishes to sell. These 6 buildings should eventually enter public 
ownership to assure the continued protection and preservation of the historic 
integrity of the community. 

The buildings to be so acquired: 

1 . Church 

2. Stoddard House 

3. School 

4. Masonic Hall 

5. Lippencott 

6. Knapp's Drug Store or telephone office. 



BARBARA JAYO 

Clerk of District Court 

Ex-officio Auditor and Recorder 

Clerk, Board of County Commissioners 



COUNTY OF OWYHEE 

Murphy, Idaho 83650 



May 25, ?97£ 



Charlcne Nettlcton 
Deputy 
lne.ne xwaai Tyson 

Deputy Recorder 



M*. wltliam L. tktiktm, Stale Vlneetan 
Saneaa o( Land Manaa emenl 
HdiAal Building, Box Q42 
550 Unit Font SttieeX 
Boise, Idaho 13724 

VeaJi Ma. tfatktw ■■ 

,,„„! T"^"! 9 ta 'J "/ 1 } "eS"^ to iht SMuU City Environmental 
Impact Statement pltfmsd by youi deptuUment. I maO. like to itat.e 
-some of, the. aeasons irti, 1 am 40 inteAtited In Silver City and dtat ' 
SUoeACU 1 ^ *** ** ' lta ° M tC **"* d " iit lta - t mtnt 5°* ptaw (on 

I own a home, in Silver City that my Father (8*«an W. 8atmzeM 
gave to we- -he was boin In Silver City - July tS, ISM, /lis Mother 
Um,na Wtt&utlA SatmzeM) was bonn at the Mahogany (line, en [tot 
Eagle Mountain - Febnuary U, mi. % Gnand(athen. 0. F. Snon-ell 
S K f? AascsoM (on. «« n yean, and Oioyhee Comity She.nl(( 
(on s yearn. I have been employed in the Owyhee Comitu Govemwet 
(on cppnoxuvately M yean, - (lut as Veputy Tnecuwien t Tax Coll- 
ecton, then Deputy Clerk, Audita i Reaonden, and noi as the Clejik 
AucUXon £ Reeondei. ' 

My JmUy owni ieveral Patented Mining Ccacms and haw numenoui 
Unpatented Ht.nt.ng Clat.m in the Sliver City area. 

Since I was bain and nal&cd In thU pant o( Idaho, and Silver City 
hoi almyi been a part o( my U(e, I would iuggut that the SecAetany o( 

SiSflrSS ""r^ m AttM '"rte nan n -sale of public lands to 

"™!l m im t "*" ciiv ' e covenant* as your depa,xtment can 

Sincenely youn, 






BaAbaAa Jayo 

Clejik, AucUXoA $ R&coKdfLK and 



9-22 



Re: 1792 (911) 
Silver Citv 



OFFICE OF 

COUNTY TREASURER AND TAX COLLECTOR 



IDAHO 

1, 1078 



Wm. L. Mathews, State Director 
Bureau of Land Management 
Federal Suilding, Box 0*2 
550 W. Fort Street 
Boise, Idaho 83724 

Dear Hf. Mathews: 

As a Silver City home owner and F< 
Idaho, I would like to address my) 
Study on Silver City. 

This area has meant a great deal to my family for many years, as 
my Great-Creat-Crandparents along with my Great-Grandmother, then 
a babv, came to the area in 186^, end some members of my family 
has lived in the area since. 

Our family has many happy memories of the annual Community Fourth 
of July picnics and ball games. There is a comrnunl'-y spirit that 
can only be appreciated by people living in a small town, far 
from the city life, where everyone looks after tnelr fellow neighbors 
with a helping hand. This I Bin sure the tourist know when they come 
to visit Silver City as many of the residents have and do help them 
when needed. It is not only the buildings but the people that make 



sideot taxpayer in Owyhee County, 
elf to the Environmental Impact 



a town what it is. 

Seven generations and one hundred and fourteen years later my family 
has a love for Silver City that only people of the area can understand. 
It IS only natural that my family has a desire to preserve and protect 
this historic town. This is the reason I feel so strongly in favor 
of title to the land with as few restrictions as possible, so that 
we can keep up with the repairs we have in the past "ithout fear of 
losing our buildings, or the land they have set on for over one 
hundred years. 



Sincerely , 




association of idaho cities 






Jor.-0 Coiml 
0.»i C.J..y 



MimnL Puirion 
J.mUcF.'H"0 
U.k, UcDvus 



June 12, 1978 



'William L. Matthews, state Director 
Bureau of land Management 
Federal Building, Box 042 
550 West Fort Street 
Boise, ID 83724 

Dear BUI: 

Due to a scheduling conflict, I was unable to attend the public 
hearing last month concerning the draft environmental impact 
statement on the Silver City land tenure problem. Therefore, 
please accept this letter for inclusion in the final version 
of the statement. 

During the past five years, I have been involved, both as a 
Silver City homeowner and a member of the Owyhee County Historical 
Advisory CDmmittee, in numerous meetings between representatives 
of the Silver City homeowners and various federal, State and 
county officials. In every instance, there have been two under- 
lying considerations in dealing with the issue of land tenure. 

The first issue is that of providing for the continued preserva- 
tion of Silver City. The second issue is that of assuring 
families owning homes in Silver City that they would be able 

to pass those homes on to their descendants. 

With few exceptions, the majority seem to be in agreement that 
the best chance of assuring the future preservation of Silver 
City lies in those who have managed to maintain the buildings, 
often under the most adverse of conditions, for better than a 
century . I know that in the past you made it very clear _ to 
numerous individuals, including your staff, the Congressional 
delegation and the homeowners, that you felt this approach was in 
the best interests of the town. And that attitude is currently 
shared by most homeowners, the Congressional delegation, legis- 
lators, the Idaho Historic Preservation Officer, the Owyhee 
County Corrmissioners, the Idaho Statesman and others. In fact, 
the only opposition to transfer of title to the current building 
iy " owners appears to have ccme about as a result of solicitation 
on the part of employees of the Bureau of Land Management who 
were supposed to have been taking an unbiased look at the problem. 



3314 Grace Street • Boise, Idaho 83703 • Phone (208) 344-8594 



William L. Matthews 



June 12, 1978 



William L. Matthews 



June 12, 1978 



As for those families wishing assurance that their family homes can 
be passed on to future generations of the same family, there appears 
to be only one possible solution. That, again, is transfer of title 
to the current building owners. 

I could go into great detail c»rcerning numerous other reasons for 
transferring land title to current building owners. However, most of 
my Garments would be repetitious and, therefore, I will limit myself 
to addressing some areas that I feel need to be considered by the 
Department of Interior in making its final decision concerning Silver 
City. 

Restrictive Covenants 

In all of our discussions concerning possible transfer of title, it 
has been generally agreed that there will be a need to attach restric- 
tive covenants to the deeds in order to provide for the future preserva- 
tion of the buildings. While there has been considerable discussion 
c»rK^rning the referencing of the Silver City Area Zoning Ordinance 
as a part of the covenants, I have serious reservations about following 
the course of action. 

The Silver City ordinance was the first local ordinance in Idaho 
establishing a historic district and providing restrictions on develop- 
ment. Since it was a new procedure for those involved, there are a 
number of sections in the ordinance which I feel are far too restrictive 
if they are actively enforced. In addition, there are other provisions 
in the ordinance which may be of questionable legality. If that is the 
case, a future court case could lead the way to complete negation of the 
ordinance as a means of assuring the future protection of the town's 
buildings. 

Also, it is my understanding that the Owyhee Cattlemen's Association 
has approached BLM with a request to put a 20-foot addition on the 
school house and also to construct a dance hall on the site of an old 
livery stable in Silver City. Since the membership of this organization 
does represent the dominant political and economic force in Owyhee County, 
I would be rather concerned over totally relying upon county controls 
to assure the future of Silver City as it presently exists. 

I would suggest that a more proper format for attaching restrictive 
covenants to the deeds would be through the utilization of the Secretary 
of incericr's Guidelines for Historic Preservation as they apply to 
building exteriors. It should be noted that there are some of those 
guidelines which would not be applicable to Silver City, however; and 
they should be closely scrutinized. I am attaching a copy of an amended 
list of those guidelines which have been revised to reflect the particular 
circumstances of Silver City. 




9-23 



Mandatory Maintenance Provisions 

There has been some talk about placing mandatory maintenance provisions 
in the deed covenants. I understand that there has been some concern 
over the future collapse of presently standing buildings in Silver 
City. I don't believe that that is any longer a problem. Recent years 
have seen a significant increase in basic maintenance activities in 
town. At the present time, I cannot think of any buildings that are 
facing future possible collapse. As a matter of fact, just the opposite 
appears to be true. I can think of several buildings which probably 
should have collapsed and certainly would have had it not been for the 
attention of concerned building owners. I think that the inclusion of 
any sort of mandatory maintenance provision would be viewed as just one 
more means of potential harrassment by outside authorities. 

tfational Historic Preservation Grants 

The National Historic Preservation Act of 1966 (P.L. 89-665) est a bli sh ed 
a 50 percent funding program to aid in the restoration of historic 
structures. Under this program, grants can only be given to assist in 
the restoration of buildings which sit on land that is deeded to the 
building owner . Since there is currently at least one grant application 
pending (for the Stoddard House) for the restoration of a Silver City 
structure, and may be more in the future, it would be bordering on the 
irresponsible to have the federal government take an action that would 
actually prevent the future restoration of Silver City structures 
utilizing the Department of Interior's own grant program. 

land Appraisal 

The appraisal techniques used in coming up with the figures given in the 
draft EIS have to be questioned. In no way would the purchase of Land 
in Silver City by current building owners compare to the purchase of 
land for building sites in recreation areas such as Featherville or 
Payette lakes. 

In the first place, had it not been for a continuing oversite by the 
original settlers of Silver City, all of that land would have long ago 
been deeded over at little or no cost with clear title. In addition, 
the appraisal must take into consideration the fact that Silver City 
is only accessible by road far six months of each year, thereby limiting 
any other site in Idaho. They would have nearly free reign in the use 
of that land; not so in Silver City. 

And, finally, Silver City does not have electricity or other utilities, 
although about half of the homes are connected to the community water 
system. 

Since there can be no assurance that money that building owners may pay 
for lots would ever be utilized in Silver City by BLM for the betterment 



■iiiiimiiinii mm mimiiwi 'N ■minium 



William L. Matthews 



June 12, 1978 



William L. Matthews 



June 12, 1978 



of the area, I would look upon such high land prices as being an 
additional form of harrassment and a burden placed upon building owners 
in return for their efforts through the years to preserve the city. 

Reversionary Clauses 

Without a doubt, there is a need to provide for some means of enforcerrent 
of any restrictive covenants which nay be placed on deeds. However, it 
is my feeling that such methods of enforcement should stop short of 
actual reversion of title back to the federal government. 

The enforcenent of restrictions should be extremely deliberative in 
nature. Possibly through the use of a series of warnings and, if the 
owner does not fall into compliance, there should be a means for taking 
the individual into court at the lowest possible level and, if found 
guilty, levying a fine and a possible jail sentence. If the individual 
still did not comply, he would, of course, be in contenpt of court. Again, 
though, I would make sure that by placing enforcement under the jurisdic- 
tion of the State court system it didn't also enable the county to begin 
passive enforcement of compliance with the covenants. 

Size of Lots 

There doesn't appear to be any consensus among homeowners concerning the 
amount of land to be included in any title transfer. Most have made a 
strong case for the fact that they want to own the land that their 
houses are sitting upon. In many instances, there are also yards and 
outbuildings that must be taken into consideration. 

I am among those who have strongly supported receiving title for the 
land on which my house sits. In addition, I would appreciate considera- 
tion concerning the limited area around my house which I utilize from 
day to day. Other than that, I would have little difficulty with BLM 
having a continuing presence adjoining me. 

Future Role of BLM in Silver City 

If BLM wishes to retain a future presence within Silver City, but not 
including the land under individual buildings, I wouldn't strongly 
oppose it. However, there are two sides to the issue. 

If BLM is prepared to make a commitment in personnel, equipment and 
funding to Silver City, I would welcome it. Several years ago, BLM 
made an initial agreement that regardless of the disposition of the 
land tenure issue, they would handle the future planning for tourist 
facilities outside of town. I believe that this is still a logical 
approach and, since the number of tourists will continue to increase 
each year, it will take more than the limited resources available from 
Silver City residents to provide such services. In addition, due to 
the potential resources that BLM has available, there may be some joint 



efforts, such as solid waste, fire, water and road maintenance that 
could be worked out in the future. 

On the other hand, if a continuing presence by BLM were utilized to 
intimidate homeowners in any way, I would be very concerned. 

In summary, I am pleased that the overriding issue of all concerned 
in the debate over land tenure has been that of preserving Silver City 
for future generations. While we haven't been without our problems, 
I believe that the majority of persons wish to see Silver City preserved 
as an early Idaho mining town with enough latitude given to building 
owners to allow them to continue their efforts to preserve the town 
without undue expense, hardship or harrassment. 

By transferring over title to the current homeowners, the federal 
government will be finally initiating an action that should have taken 
place years ago. As Senator Frank Church said recently, "There are 
those that are talkers and there are those that are doers." The people 
of Silver City fit into the latter category. Without them there would 
be no Silver City. And without them there will be no Silver City. 

I urge your speedy deliberation on this matter and the turning over of 
land title to the rightful owners. 

Sincerely, 



Martin L. Peterson 



MLP/jh 
Enclosure 



I 



Associated Taxpayers of Idaho 

*' -TELEPHONE 344-5581 
"•/ ' r :';-P.O, Bon 1645 
JJ'lW^' lOt-St/ IDAHO 13701 



Mr. William L. Mathews 

State Director 

Bureau of Land Management 



June S, 1978 



JAMES OAKES. Chairman < 
MAX YOST, PrciiaW 



June 5, 1978 



tOUIT BOUNDER 

MM 

THOMAS C BOURKS 

MM 
FRANK ) BROMLEY 

BRUCE COLWELi 

' 6.0 1, no 
RR DORMAN 

' Cuia-tll 
RICHARD S HIGH 

ALDEN E. HILL 

Idaho Foil. 
FRED C. HUM WHEYS 

JACK KENMIOC 
LtwtiKE T. McEWTEE 

Mm 

W. t. M(NICHOLS 
5odo So'lngi 

s»ll.y 
ROBERT MONTGOMERY 

Sim 

R. 1. MOSS 

JAMES OAKES 
Mm 

DAN PEDERSOn 

IpiSjn 

t. Chilton woenik 

JOHN C ROSTER 
IIWO00 M. RICH 

Mfii 

HAROLD P. SNYDER 

CARl STRAUS 

Mil 
JOI W A ONER 



Mr. William L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 83724 

Dear Mr. Mathews: 

I have read with great interest the Silver City Draft Environ- 
mental Impact statement. I am aware that the statement has received 
detailed analysis by many Idaho residents who own improvements in 
the study area and who have filed reports. Further analysis would 
be redundant. 

While I do not own property in Silver City, it has been my 
pleasure to visit and occupy one of the residences for several days 
each year. At other times, I have taken out of state visitors to 
Silver City to show them a portion of early Idaho modern history. 
Therefore, I have had some experience in the area and have witnessed 
the deterioration of the buildings including the Courthouse and Jail, 
for example, and many other structures. 

I have also witnessed the modest efforts to preserve, reconstruct 
and rehabilitate the area both to make the area useful as well as 
retain the historic values. The use of reasonably modern materials 
has not been repugnant to me when they are used to combat the elements 
particularly the destructive force of snow. 

I believe that all the factors of concern regarding the environ- 
ment of the Silver City area will best be served by allowing the sale 
of sufficient land to building owners to support present and future 
use of the property. I believe that this action will inspire greater 
protection and restoration of the special public historical units and 
the preservation of archaeological resources as well as the protection 
of the natural resources. 

Tho sale of the land to the building owners is particularly appro- 



priate since townsite application was properly made in sufficient time 
to establish right of consideration prior to the change in public law. 

I appreciate receiving a copy of this statement and the opportunity 
to include an expression of my viewpoint. 







9-24 



,'■ ; 
I 









I 



National Trust for Historic Preservation 



.STERN REGIONAL OFFICE 081 MARKET 5TKLLT 



SAN FRANCISCO. C A [.IFOR: 




\* 



tfk 



June 8, 1978 



Mr. Alderi\Sievers 

Bureau of land Management-370 

Department <>f the Interior 

Interior Budding 

18th and C Streets, N.W. 

Washington, DX. 20240 

Dear Mr. Sievers: 

I appreciate the opportunity to review the Draft Environmental Impact 
Statement for Silver City, Idaho, prepared by the Bureau of Land Management- 
As I indicated in our telephone conversation, I am somewhat familiar with 
Silver City and I am interested in its future preservation. Therefore, I 
hope that the following comments may be of some help. 

First off, while the decision really must come from representatives of 
the appropriate federal agencies, I think Silver City is of considerable 
consequence as a remaining mining community of the mid to late nineteenth 
century. Whether it meets National Historic Landmark criteria or not would 
not be within the scope of my capabilities to judge. However, I would^ 
encourage you to communicate with Carolyn Pitts at the National Historic 
Sites Survey within the Office of Archeology and Historic Preservation of 
HCRS. She might be in a position to give you an evaluation. 

As the DEIS is written, it does not appear to me that the impacts of the 
various alternatives differ in any substantial degree. The most obvious 
is the attitude of property owners toward the alternatives, particularly 
those relating to ground lease arrangements. The report is not wholly 
without bias but neither are the attitudes of the Silver City Taxpayers' 
Association. 

One of the concerns I have throughout the document is the discussion of 
visitation impacts. Unfortunately, the emphasis is upon the impact of 
various alternatives on the visitor experience rather than the impact of 
the visitor upon the resources. The latter, I think, deserves far greater 
consideration. Matters such as parking, road repair and maintenance, litter 
and potential vandalism resulting from future tourism warrant attention. 



Mr. Alden Sievers 

Page 2 

June 8, 1978 



There are constant and rather specific references to what would be included 
in a lease arrangement. I would think that with so many assumptions 
regarding the lease provisions, it would be possible to include a draft of 
a lease as an appendix. 

There are two possible alternatives that might have been suggested. Each 
is a more elaborate scheme for alternatives already proposed. I can 
understand the skepticism of some property owners over the 20 year lease 
arrangement. However, I wondered whether a lease of 20 years, automatically 
renewable each year until such time as one of the two parties indicates the 
intention not to renew, might be a reasonable alternative. The 20 years of 
the lease would not begin to decline until such time as one party gave 
notice. This might alleviate certain property owner concerns, as they would 
be assured a reasonable period of time to seek redress. 

Secondly, if the land is to be sold to building owners, would it not be 
possible to require that the conveyance of title would be conditioned upon 
property owners giving an exterior easement on their buildings and requiring 
that any new construction on the land would be subject to architectural review 
by the BLM (or whomever might hold easement)? This would satisfy certain 
concerns of bulding owners and still assure the preservation and appropriate 
repair of the buildings. It would also assure the compatibility of all new 
construction. I am enclosing information on easements that might be helpful 
to you. 

Thirdly, I wondered whether it might be possible to utilize the funds 
generated by the land sales to establish a Historic Preservation Revolving 
Fund to utilize in Silver City. Assuming that the 70 parcels would sell for 
about $2,500 each, that could potentially mean a revolving fund of $150/175,000 
to be used for preservation, restoration and maintenance of the buildings, 
outbuildings, water systems, etc. The reason I offer the suggestion is that 
I think it unlikely that building owners are going to have great luck in 
obtaining conventional loans for required repairs or restoration of their 
buildings. Such a fund could provide a source of ready money for continuing 
repair and maintenance. It would also further assure that the BLM would be 
able to have a voice in any proposals to repair, alter or add to historic 
structures. With this approach, combined with the BLM retaining an easement, 
it should be possible to assure retention of a high degree of integrity of 
the historic and architectural character of Silver City. 



u 

SI 



Mr. Alden Sievers 

Page 3 

June 8, 1978 



In reference to Chapter Eight particularly, I find certain of the contentions 
difficult to defend. First, with strong covenants, it makes little difference 
who owns the property. Second, private ownership will not mean public access 
is lost, but that it is limited, and I think properly so. Third, such things 
as power generators, etc. can be controlled by the BLM as part of the land 
sales agreement. If it is generally agreed that there is a need for electric 
power generation, the BLM could insist that there be a central plant, properly 
screened, to provide necessary power. In fact, I'd suggest that with well 
developed easements and good planning, as well as some innovative approaches 
to assuring adequate money supplies for maintenance and restoration, alterna- 
tive two makes a fair amount of sense- 



I hope that these comments are of /ome help. We would be happy to work with 
you in any possible way if our hej'p is needeAin the future. 



M^Af 



John L. Frls 
Regional Director 



John L. Frlsbee, III 




Oregon High Desert 
Study Group 



COLLEEN GOODING 



POST OFFICE BOX 25 



ST. PAUL, OREGON 97137 



Mr u William U Mathews, State Dire 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 83724 



RE: 



Silver City Draft Environmental 
Impact Statement 



Dear Mr* Mathews: 

The Oregon High Desert Study Croup has been involved with the 
Silver City land-tenure issue since 1975„ The Croup and many of our 
mera bers have visited Silver City a number of times and have made it 
a point to discuss the issue with all parties concerned. 

In reviewing the Silver City Draft EIS, we would like to reiterate 
our concerns far the future of Silver City. It is essential that, 
whatever option is adopted, Silver City is recognized as a public, 
NOT a private, resource. We feci Federal control is necessary to insure 
that the cultural and historical values of Silver City are protected. 
At the same time, it is also necessary to insure the continuation of a 
cultural community, in addition to the preservation of buildings and 
archaeological resources. Lease provisions should provide sufficient 
.security for occupants, while insuring maintenance of the community 
character and protection of the archaeological and cultural resources. 

We feel the proposed action by the Idaho State Bureau of Land 
Management best addresses these concerns of the Oregon High Desert Study 
Group, If additional monies were available and public use justified, 
we would favor Alternative 6 e If Alternative n was implemented, it would 
be necessary to consider the impact of increased public use on the community 
and the surrounding area. 



Sincerely yours, 



Colleen Good: 



JU$± 



"^ 



9-25 



Owyhee Cattlemen's Association 






% 




Marting, Idaho 83639 



Hay 11, '"1978 



Urn. L. Hatheas, state Director 
Bureau of Land Management 
Faderel Building, Box 0A2 
550 U. Fort StrBet 
BdIsb, Idaho 8372it 

Dear Mr. Mathews: 

In reeponaa to the public hearings on Silver City, the Owyhee 
Cattlemen's Association wishes to comment on thB future multiple use of 
Silver City, Idaho or the disposition of the townslte. 

It Is our deep feeling thet lr the townsite wore to revert to 
private ownership, access to it would bo closed to the public. The Owyhee 
Cattlemen'a Aeeociatlon Is an impprtant part of the area's heritage 

Having been established in Silver City in 1878." However, we fBBl our 
use Df the town for our annuel meeting would be prevented if total 
private ownBrship pccura. 

The Owyhee Cattlemen'a Association would prefer a combinetion 
of private ownership end leasing of homesitas In tha town. Tha paople, 
who have maintained homeB down through the years in Silver Glty, hove 
in effect esvsd thB historical quality of tha town. They should be given 
on opportunity to acquire deads to their homes and homesitsB with this 
restriction. The deeds should state that the homos snd homesitas must 
remain constant with the hletorical otmosphBrs of the town. If the 
terms of the deeds are broken then they Bhould revart back to the government. 

Other peoplB should be given en pppprtunity to lease homasitea 
from the government on which they could build homes In keeping with the 
hletoricsl stmosphsra of the town. 

The Owyhee Cattlemen's Association would lika to nova an 
opportunity to leaaa a site on which to conatruct a structure Tor its 
meetings. The building would be constructed to historic standards and 
would in no way detract from the historic quslltles of Silcer City. 

ThB Owyhsa Cattlemen's Association is celebrating ltB centBnnlBl 
in Silver City thle summer. Our past has givan us mn insight into ths 
future and we would like to state that continued multiple use of the 
public lends ia esaantial to the American Wey of Life. 

Sincerely, 



-^y^CA^ L.--ft.U-(_e--£._ 



100 YEARS 



Leon Church, Secratary 
Owyae Cattlemen 'b Association 
Owyhee Cattlemen's Association -- 1878 - 1978 







"MURPHY, IDAHO B3650 r-. .„.i« 



May 23, 1978 



Mr. William B. Matthews 
State Director 
Bureau of land Manage merit 
550 v-est Fort Street 
Box 042, Federal Bldg. 
Boise, ID 83724 



OOREEEW Q}; SILVER CITY DRAFT EI VIR0H3I- TAl IMPACT SIaTIMEKT 

Due to the short period of time alloted me. to testify, I am sub- 
mitting a separate written statement correcting the numerous 
errors made and misleading information the BUI has included in 
the Draft EIS. 

I first would like to make it a matter of record that I protest 
the proposed action listed by the Bill in the Draft EIS . The 
Silver City Study Report of January 1973, which is mentioned in 
the EIS, was prepared by a team of researchers from Boise or 
Washington, D.C., and there were no requests for input made to 
Silver City homeowners or the public. The actual Management 
Framework Plan for the West Owyhee Area was not completed until 
the fall of 1975 after meetings with interest groups and public 
hearings. I was informed just recently the Bill is again revising 
their plan and hopefully will discard some of their outrageous 
proposals. If many of their proposals were implemented, they 



would destroy the entire West Owyhee Area. 

I protect the lear.e recommendation made ir the plan, as I have 
reviewed the material 1:H' used to arrive at their decision ar.d 
found no evidence of anything iivti crating a lease should be 
recommended. An issue paper was sent by the State BIM Office 
to the Washington , D.O. Office in Au/ust of 1976 requesting 
permission to do an EI?; on the Silver City land tenure issue 
and in this request the BIM stated, and I quote "In April of 
1976, the Idaho State Director formally requested authorization 
from the Director to prepare an Environmental Impact Statement 
on the proposed action to convey ownership of a portion of the 
Silver City Historic District under the townsite Jaws. The Di- 
rector's Offica responded that the Idaho State Office hud not 
provided enough information to the director in order for him to 
make a decision". The proposed action in the Draft EJS should 
be Title transfer. 

The reason Bill received any letters at all opposing title trans- 
fer is because they continuously told interest groups the people 
of Silver City wanted to develop it commercially and would ruin 
it if they had title. The facts are Silver City residents have, 
since the beginning, told BIM they did not want to see Silver 
City turned into a tourist trap and did not favor commercializa- 
tion. It is evidenced by BIM' a own proposals that it is BIM and 
not the homeowners who wants commercial developments ir and out- 
side of Silver City. 



The BIM has continuously attempted to mislead the public and the 
Draft BIS is no different. It appears the BIM has spent thousands 
of dollars in an attempt to discredit the Silver City homeowners. 
The BIM states it is due tc their management that Silver City ex- 
ists today. The true fact is, BIM has never managed anything in 
or around Silver City. Ir. 1975 and 1976 BIM contracted a Silver 
City resident to haul tourist's and camper's garbage from the area. 
Prior tc this Silver City residents kept the area clean and pre- 
vented vandals from completely digging up the area ar.d tearing the 
buildings down for souvenirs. If ELM has actually managed the area 
as they claim, why ;;id they allow numerous archeology resources 
outside of Silver City to le duir up and destroyed. The Silver City 
homeowners, through their own voluntary efforts, have prevented 
Silver City from being destroyed. The Draft EIS, page after page, 
shows what the BIM considers to be, and 1 quote "intrusive viola- 
tions" to the buildin ( '3 in Silver City. Thry completely ignore 
and fail to list the millions of things the homcovners have done 
to preserve their homes and other buildings. If the homeowners 
would have ignored Silver City for all these years as the BIM and 
other interest groups have, there would be nothing left to talk 
about now. The only reason we homeowners have not spent more money 
on preserving our homes and improving sewage disposal arid water sys- 
tems is because of the uncertainty and insecureness of our land 
tenure. There are, however, many homeowners who have already put 
thousands of dollars in materials ar.d labor into their buildings in 
order to keep them standing. 



9-26 



The B1M has stalled our efforts to resolve the land tenure question 
for years and now all they have done is fill a book full of inac- 
curate ar.d in some canes, completely false information. 

Many homeowners in Silver City are direct decendents of the men ar.d 
women who settled there in the 1860's. Ky r reat grandfather arrived 
in Silver City in 1865. Ky ^andffiO*ther, her four brothers and one 
sister ar.d my grandfather and his brother and sister were born ar.d 
raised ir. Silver City, as were my mother ar.d five of her six bro- 
thers ar.d one sister. 

My grar.dfather was the Probate Judge ir. Silver City for almost 
50 years ar.d my uncles, great uncles, and grandmother operated a 
general store there for over 70 years. 

Even though some homeowners are not direct decendents ar.d have 
resided in Silver City for only a short time, they must also be 
credited for helping to preserve the town. 

Under a lease program, a homeowner would neither have pride nor in- 
centive to continue to maintain his home. In other words he would 
be expected to put thousands of dollars and hard work into preser- 
ving his personal property without having the security of ownership 
of the land under his home, or building. 

1 silver City homeowner's meeting was held in Murphy, Idaho Kay 10, 
1978, and over 90$ of the homeowners were in attendance. It was 
emphasized again, by all, that they would not accept a lease. 
History has proven that a Federal Government lease is not worth 
the paper it is written on. 
We desire and deserve to have a Deed to the land our homes and 



other buildin s are on. 

We will accept a deed ui'.der Alternative II of the Draft KIC 
However, it must not contain requirements which would place a 
great financial burden on the homeowners. As we have stated in 
the past, we will accept Deed restrictions ar.d guidelines for 
historic preservation, but we cannot accept mandatory maintenance 
clauses ar.d reversionary clauses. 

V.'e have already shown our good faith by maintaining Silver City 
for all these years while the Federal Government and other inter- 
est groups did absolutely nothing. 

It is now time for the Federal Government to show its good faith 
and appreciation to the homeowners, and turn over title to the 
land in Silver City to each respective home and building owner. 
If this is not done now the Silver City homeowners ar.d building 
owners will be forced to file legal action and seek title through 
the courts or Congress. 



W< 



ClARKNCE M. ORTON, JR. 

President, 

Silver City Taxpayer's Assn. 



IAY8 1378 
I Boise District 



§ 



BUR AU OF LaND HiHAQSMSKT 
BOISE DISTRICT OFFICE 
230 COLLINS KOAD 
BOISE , ItUHO 33702 
DI&3 MX BIBLES : 

I RECEIVED TH3 
ENVIRONMENT- .L IMPACT STAT SENT. 



BEAUTIFULLY DONE DR-'vFT 



I BOUGHT THESE PROPERTIES MANY YEUiS AGO*** TILE iJOVN TOW 
HOUSE WAS LS.JCING VE:IV 3ADLY. BEFORE WINTER STARTED WE 
HAULED IN ROOFING******* THE NEXT SUMfciES WE JACKED UP THE 
FOUNDATION -UNO PUT IN MUCH REINFORCEING. 

I \3&S CALLED THE OTHER \X\Y SAYING THE OUTSIDE MUST H-V ) SOMETHING 
DONE FOR IT THIS SUMMER aS, PIECES 1UV . COME OFF. tfllIGH NOW 
I LEARN IT CAN'T EVEN BE CONSIDERED BEFORE 30H0NE MEETS IN 
SEPT. IT IS VE?.Y DISCOURSING TO EVE?: KEEP IT IN REP.MR. 

Til, LITEL. '..vV. UP Vl\ THE HILL IV, J . K.'.S.', ?3QP .3 IV. TH I 

KITchsn hen tn bought it .as hbli ,*S i l.v.king rcof. twenty 

YEARS AGO WE HAULED UP QSM:NT BLOCKS ( BECAUSE THEY .TULDN'T 
BURN LIKE <OOS ) TO FIX IT. AS EOON AS WE TOOK THE PROPS OUT 
IT FELL DO'.TJ IN HE4F. 

THESE HOUSES WOULD NOT BE HERE Q3 THERE IF WE II .D NOT DONE <0KS 
TIDING FOR THERE REPAIR. 

I OF COURSE FAVOR NUMBER 2** I U -V I ;NJ0YED QQVM TO SILVER 
CITY. I WOULD NOT I F YOU TC^ _IT..^WAY BY ;NY OTHER METHOD TKrtfi 
(2) IF'TrOT'TawiP'lK PROPERTY TlliH I AM ■ ■-GR..ID I WOULD JUST 
CLE.-U IT OUT A3 PAST -AS I CCUL1 -S I KNOW SOME ONE UP THIS 
WOOLS BURN THE TQ'I.l JCWN, I WOULO BE H.PPY TO P. -V FOR THE 

IAND. 

ELL'CIRELY YOURS, 





ADM 


— i 


fctse 




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LAND 




LIB. 










fiC"01 






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Pjc* &U 



Uf&A*K 




Dear Sir: 

N? 

I am a fourth generation Silver City home owner and ianvQ| 
My family and I OnOn eleven buildings withing the town, seven oi"i 
listed as major historic buildings in your draft environmental impact 
statement. My grandfather was a judge for Owyhee County in Silver City 
and Murphy- My great uncle "Willie" Hawes and grandmother "Lillie" 
Leonard were major contributors to the preservation of Silver City their 
entire lives and were (Jreatly respected throughout Owyhee County. Forty- 
five members of our family spend some portion of time in Silver City every 
year. We all feel very stongly that Silver City would not exist at all if 
it were not for the work of the homeowners there for many years. Sixty 
percent of the homes in town are still owned by original families and their 
descendants. 

I realize that a plan must be taken to protect and preserve silver City. 
However, no plan can possibly work without the ownership of at least the 
immediate lot on which buildings are located. No one can get interested 
in protecting and preserving something they have little or no security in. 
Such is your proposed lease plan. It will not and cannot work. Your 
handling of our townsite application has been shady and our trust for your 
agency shortened. We must have ownership with liveable terms and 
covenants. Alternative #2 could be worded so it could be workable. Why 
didn't you make it a complete understandable package in your draft 
Environmental Impact Statement? Why were many buildings left off the map 
that are still standing? Some are on the old map. 

I would like to make some corrections to your Environmental Impact 
statement, to set the record straight. 

Page 2-1 Silver City in a normal year is closed to snow for 4 to 6 mos. 

Page 2-18 "Leonards" general store closed in 1970- 

Page 2-19 Most present day homeowners are descendants of earlier residents. 

Page 2-44 Lot 62^ Building was rebuilt before Aug. 14, 1975 when Silver 
City Zoning Ordinance took effect. 

Page 2-61 Annual visitors tao Silver City range closer to 10,000. 

Page C-l Lot 62 1 ! Building was constructed in September, 1954 by Tom Rock, 
Marvin Aire and Mr. McNally. It was constructed from the ruins 
of the Bill Hayword house. 

Page C-l Lot 25 use has been as a gift shop for three seasons, 1975-76-77. 
I purchased the building on October 26, 1976. It will be recorded 
soon. 

It is my sincere hope the Bureau of Land Management and Silver City 
homeowners can come to a workable agreement. 



9-27 



Bob Leonard 



Boise, Idaho 

2700 LeniT] - Apt. 2 

Kay 22, 1978 " 



M, L. Mathews, State Director 
Bureau of Land L*&nageis©R-t 
Federal Building: Sox 04.? 
550 y/est ?ort 
Boise, Idaho 33724 



Dear 



..r. 



athev 



Since receiving the Silver City Draft of the Environmental 
Impact statement, ne have given a lot of thought to the 
alternatives we property owners have for coning to a decision 
on the land tenure problem in Silver City. I appreciate the 
amount of research s'ld work that has ^one into this report. 

I am amour; the older property owners who have had an interest 
in Silver City for many years. iJmeline "ettleton and I share 
the privilege, end problems, of own in™ pjn.old house there. 
Ih? one alternative we feel we could live up to, and protect 
an:; preserve our dwellings, is the lownsite '.ct. 

I feel that our "Roots' 1 are pretty firmly implanted in Silver 
City, since my fanily lived there at the beginning of the 
century, "y brother Jim was born in the Crete House, the 
first house you come to when you enter Silver City, in 1902. 
I wr.3 two years old at that time. I'm sure the "ettleton 
family lived in that area even earlier th-n my fanily. 

; ( ."y brothers children, and grandchildren, all think of silver 
City as a very special place and see:.: to feel a sense of 
belonging. I am sure they will continue to preserve "nd nro- 
tect it in the future. 

■7e hope our wishes will be considered when decisions are rp.de. 

Sincerely, 

Isabel ,'ees 






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'' / : <y'. '" .!'••■' Gnrf.lr.ervillc, :'ov.t.1;i '-AID 

■ .. ^ ^ .' * t 

H r m. I.. Mnthe'.vs, rjtnte !)irector 
lurcnu of L.tnd J ',rm ageniOTlt 
^odcrnl ^uildinj, Box 042 
330 ■■''. Fort -Street 
Hoise, Idaho 83724 

Denr '.'t. 'lathov.-s, 

I ara v/ritinp to consent -shout tho Spaft I^nvironnental Im^sct 
:tntei:ient for Silver City, rdnlio. ''y husb-mtl nnil I h,-vo rer-i it 
thoroughly and of nil the alternatives presented ive wcild ire'er 
(7) trustee to\mslte [>rop08nl, fir-t; rnd (2) r.nle of public Itnrl to 
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restrictions -ire necessary nnd jjoocl nnd we nre willing to Tccout 
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be crented and enforced on -i locnl or even stntc level, hut not from n 
feriernl n^e.tcy. 

Perhnpi it would help if I were to tell you \-;^y \rs hnvs .-> house in 
:3ilver City a-id why wo Wftnt to preserve it 'ind tine entire .-rcn ns 
much iis .nnyone, In dune, K!63 n,v srent-grnnclfnther , 'illini.-. "'. Tov/nsend 
enne to the site of Ruby City with n ;>wty of 30 sitters* "'c secured 
!ris clain in the Gulch, one :ile ire low where the town of 'lewey stinds. 
:ie Inter held interests ir, the "ornin|j stir "ine ;>■■ d eafrn;;ed in -lining 
for nnny years in .Silver -ity, nfter 'vhioh lie entered the furniture 
.nnd undertnUin^ business. 

::y [jrnn (J father , 'illiwti ". Tovmsend, Jr. w-..? horn in Siiver City 
in the first house «■'.« you co e into town, now ov.tip-! by the "rete «-£rl», 
"'e w,ns renred nnd educntod in Silver Sity nnd v;or!?ed i'l the :,"ever "hvent 
"line on >.r ^n^lc Vtn. '.'.y riotlier, Joyce Townsend '"nrd w--s '.orn in 
DeLamnr -;n:l nttended ^rndc SCl ool in Silver City with her brOt'torS mid 
cousins. Vy f-,ther, Victor i'ord, w« to Jilver City in the 19-3?* a to 
■vorit in tiie county treasurer's office. ':;■ uotl'-er iro-ri'tcti in the County 

."ssc^'-orh- office. 'lofore they were r:inrried tliej" !)onrded .nt the Tdn'io 
'otel. 

"y sister nnd I *rew up s;tetldin,i sufflBier weehends in Ulver City 
rOBSting the hills -nd fi.-hiii',- tile crcchs. "y parents m-e both ':one now, 
but :ny hush-nd nnd I return to Silver City froi". Vev.nd.n every su-BESCr to 
enjoy our house Tfi t!ie surrounding .-ren , nnd to return to where five 
generations of Toimsend d esc endnnts h,nve been since ir.G"".. ~ur hoys nrc 
new old enough to enjoy Silver City r> d np^recinto their f.n lily ties 
tliere. 



9-28 



\1e strive to keep our house in good repair without detracting 
I from its historical vnluo. You can be sure that we want to preserve 
land protect Silver City for ourselves nml future generations. ,'.11 we 
nsl; is acquisition to the land our house stands on without the throat 
lof federal intervention. 



.Sincerely yours 



Mrs. Sandra Cover ley . / 

Karen Ford 



MAYl 1978 



Bureau of Land Management 
Boise District 



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rmahA, 



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9-30 



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,li.-:-t - 

in, :-: 



..-.ireau of Ler-d . a: 
.'eder-al _uildlrg, 
5fC .Fort Street 



: Tirfe'tor 
a ■ e .- i r.t 
ut>r. OW 



ise , 



Sear 



r"7i'i 



I n-i vrltln- ir rescor.se to the draft i sviroiTOtltsl statement for 
Silver City, Idaho." find the lease proposal totally «r.aa<npt«hlc-. 
T a-r a Oliver Citv home owner arc 1 , various members of my family have 
r.ad"M slder.cn ir." Silver City beginning ir. 1905-73 years. .,v 
-rand-are-nts were rarried there, ar.d so was I ir the sa-.e location 
ir, 1970. ..y n-.other '.:as borr. ir. lewe-y. .he experience for tr.e iucxy 
ones 0'" -rowinr ir. Silver City, of having a place to tie our he.rita-e 
to, is ati experience that could never it recreated ir any historical 
site for a tourist. I have two children, who could have* the opportunity 
'o- this unioue experience. :he ill-, has had to address this land tenure 
-rosier uner.otions'ily merely as a Piece of paper to clear up a 
iec-'—icalitv, or what they consider a trespass, snt what you have 
actually addressed art. homes, lives and souls of real people. .0 picture 
or discussion of Silver City can he complete Kith the emotional factors 
left out. 

I ar also Assistant Director of the CByhee County . ustum in Lurphy and 
have done extensive work on the study of visitor impact and the aesthetic 
evaluation of silver City done by the museum. I -have not arrive o at my 
Vitus of historic preservation ir. Silver City without considerable study. 
I have attended workshoos and conferences given ty the ..ational irust for 
historic Preservation and the American Association for dtate: and Local 
History, and an a member of these organizations as well as of the .tstern 
»t, s ionil Confere:nce, The Association of Interpretive Naturalists, the laano 
state- historical Socittv and the Cvr-htc County and Canyon County historical 
2ocieties, I value the historic qualities of oilver City above all esse, 
a"d I would not support deeds to the individual homeowne.-rs if I didn't feel 
that this is tht resolution of tht problem providins the best protection 
to tht- historic integrity of Silver City, '.here is nothing stronger lor 
oortinued maintenance than cride of ownership. Although there are- individual 
variations in maintenance techniques, this las developed the- individuality 
of the town since IS65 and provides the continuity that keeps it alive. 
today. Preservation laymen must be- cautious that : 
for interpretation today they don't destroy tht hi: 

almost 



arresting an environment 
of tomorrow. 



-he thought that no one warts any changes ln Silver City seams - 
unanamous, evtn among visitors, jiivirorjMntal impact studies must take 
in + o account that the greatest change of all in the town of oilver City 
comes th-ou*. substituting the concert of public ownership administered 
throu-h a federal agemcv, for the concept of multiple, individual ownership. 



Boise, Idaho 
May 30, 1978 



Because in actuality, since the maintenance by each family in -Oliver City 
has always been assumed as if ownership did exist, to take this pride of 
ownership away introduces a major and potentially serious change m 
attitude' and policy among the homeowners. 

There is another safety factor in individual ownership through the 
concent that individual changes have little chance of disrupting the total 
environment, while if the entire ownership and responsibility is lumped 
together with a rovernment agency administering the area, a single 
dec sion or change in value by the agency has the- potential of drastically 
chanrin* the entire environment. I urge you to keep in mind that the 
EU- is made ur, of individuals with distinct personalities, just as are the 
Silver City homeowners as a group; but an error in judgement by the tU. IS 
going to have much farther reaching results than. one by an individual 
heme and property owner. 

The OK is concerned with the care of visitors in Silver City and with 
providing Silver City for the world to experience. But I would like to 
brin* S tto idea that visitors too have their differences and cannot be 
pISsed'or Provided for even close- to 100,,. Therefore, rather than rying 
?o control the environment of Silver City for visitor pleasure, wouldn't 
ll rve the public best and be more within the role of a government agency 
to take a role of assisting the visitor in making their own decision 
about whether they want to'visit a place before their arrive by letting 
them know beforehand of the quality of exper ier.ee they can expee 
and It-ttinF them make up their own minds whether to Jiprtako? A visitor s 
'"formation service provides this type of administration- and perhaps such 
could be arranged in Jordan Valley or Kurphy or in Silver City «»«• 
SB, ownership and control of the Silver City environme-nt could attt, »W 
decrease the value of Silver City as a visitor experience, since a legitimate 
concern ir intcmratetL-on is that the caretaker will tend to control the 
site- to the poini that it becomes artificial. Then what was valuable 
for interpretailon in the beginning becomes less meaningful. 

From anv point of view I take, I can see no advantage in trying to force 
leases on eS people of Silver City, who for years have assumed maintenance 
as if ownership did exist. A deed, and one which they can all afford, is 
the only acceptable action. 



Sincerely 



/^dLw^ 



9^31 



Wm. L. Ma thaws, State Director 
Bureau of Land Management 
Federal Building, Box 0^2 
550 W. Port Street 
Boise, Idaho 8372^ 
Dear Sir: 

Regarding the B.L.M. lease proposal for Silver City, I would like 
to express my opposition for the following reasons: 

1„ The home owners of Silver City have made proper application for 
townsite prior to the passing of the Organic Act. 

2» We are descendants of people who were encouraged by their govern- 
ment to populate and develop the West. Now we find a new agency of that 
same government trying to do a 180 degree turn in policy and make their 
edicts retroactive. 

3. We do not recognize the B.L.M. as a legal entity sine the United 
States Constitution provides for the Federal Government to acquire from 
each State a land area not to exceed 10 miles square. Wo provision is 
made for thera to control millions of acres. 

h. If the B.L.M. will present us with a citation of trespass we will 
remove our "buildings. Those buildings are the only reason for Silver City 
Bteing on the National Register, and will mean far less in any other location. 

5. The E.L.M. proposal of ?»5 acres is ridiculous since we would then 
be in trespass if we parked in front of or stepped off the back porch of 
our buildings. We must be given the full 32 acres we applied for. 

6. Any government that will vote to give several millions of dollars 
to a Communist dictator to take so valuable a piece of property as the 
Panama Canal can surely return to a group of its own citizens ^0 acres 
which they have protected and preserved for a canity and a quarter. 



Fags 2 



7- At present a group of Masons In Horseshoe Band arc trying to 
gat tha material to aract a building. If tha 3.L.M. will charge us with 
traspass , I will introduca a motion to ramova our building to that 
location and I'll gladly pull tha first and last nail* 

8» I am enclosing an editorial that was published in our County 
paper, which I request be made part of this statement. 




115 Hill Drop st 
Oldvell, Tdaho 8360 
M»v 31, 1978 



Wm. L. Methews, Stnte D'rector 

D'rector of Lnnd MnnflReinent 
Federal fUd^., Box ©42 
550 v. Fort Street 
Bo'se, Tdaho R3724 

Deer Mr, f^rhevs: 

T *m wr>t'n,c to comment on the environments 1 statement for S'lver (Mty. 

As a S'lver C< ty homeowner t *> „ sk chat the dects'on be rode to *tve 
deeds to the lrnd, *t an eqmtnble pr<ce. A lense is most unacceptable. 

My roots bet>/-n In S'lver C'ty when my rtntndparents moved there "n the 
early 1900's, my Mother wns then a very youn* girl. My father came to 
the urea 'when he was 17. ^ e ftrst drove sta^e and after study he worked 
■l an electrician in the Trade Dollar mine. My Mother and Father were 

marr»ed t n S'lver C'ty <n 1907. t was horn in Dewey. Mv daughter was 
married at the same building as my parents. t h ove two OrandcM ldren 
and t have #reat hopes of the'r spending much t'm 
perhaps etirry'nc out the wedding tradition. 

A jiovernmental management of the area would not <r've the individual 
touch or show the pr'de of ownership maintained by individual owners. 

Tt seems 'deal preservation has been shown by the fact that so many 
of these homes have been preserved throughout the years. This should 
be a major factor to be considered. 

Sincerely, 



in Si lver City and 



Alice Van Atta 



■ 



Mt 

m 



Hay 31, 1978 



Wm. L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Port Street 
Boise, Idaho 83724 



Dear Mr. Mathews: 



1792 (911) Silver City 



I have gone through the entire book, "Draft Environmental Impact 
Statement" for Silver City, Idaho, and am not in favor of any of 
the plans proposed. 

As a family member involved in home and/or building ownership 
in Silver City, I feel that the homesites should be given to 
all owners who are descendents of former owners. We are the ones 
who have tried for many, many years to preserve the old mining 
town and to prevent vandals from entering and destroying property. 
Following this free transfer of ownership from the Federal Govern- 
ment to the owners, then all can abide with the "Silver City 
Zoning Ordinance", your Appendix B. 

This plan, and it can be worked out, will take everything out 
of the hands of the BLM, which is as it should be. 

I am opposed to any type of lease plan, as it is a known fact 
that the government will be continually meddling in the affairs 
of the property owners. 

Furthermore, exorbitant costing sewage and water plans aren't 
necessary. The taxpayers association knows what to do, and will 
carry on for the best interests of the residents. 



The editorial in the May 4, 
on the head. 



Yours truly, 



1978 Owyhee Chronicle hits the nail 



Wilbur P. Leonard 
4288 Montgomery Street 
Oakland, CA 94611 



cci Clarence Orton 



Wm. L. Mathews, State Director. 
Bureau of Land Management 
Federal Building Box 042 
Boise, Idaho. 



Dear I 



May 31, 1978 



Here are my comments on historic Silver City, Idaho. 

I am 54 years old and 4th generation in Silver City. Both my 
parents and all four of my grandparents were born in Idaho. My grandsons 
are sixth generation and they love Silver City. 

Alta Grete Chadwick, my mother, was born in ■-'liver City and was 
eip;ht years old before she made her first trip out to the railroad. 
My mother wrote the book "Tales of Silver City", published in 1976. 

There was a Bhadwick in Mike Jordan's original gold discovery 
party in the Owyhees. 

My mother's side of the family were in Silver City with the first 
settlers in 1864. (Gretes and To'/nsends). You will note that they are 
well represented in the Silver City Cemetery. 

I own a home in Silver City (one of the #55'8 on the map in your 
Environmental Impact Statement). I also have an interest in two other 
houses (#12 and #53 )• House #12 was never a boarding house to anyones 
knowledge, and an interest in patented mining claims on .'ar Es?;le. 
My four children own the Owyhee Merc and Avalanche building 
(#75 and #76). 

I have been President of the Silver City Taxpayers and I am on 
the Board of Directors at the present time. 

.tith the above mentioned qualification I feel I can speak on 
Silver City, 

For a number of years we have maintained a watchman in Silver City. 
The only help we got was if400 per year from Owyhee County now we get 
$600 per year. 

The State refused to help - nd so did the B.E.M. It is strange 
that they (B.L.M.) could not dig up a few dollars to help protect 
their archaeological treasures in Silver City when they could spent 
$200,000.00 for the Silver City Environmental Impact Statement. If it 
was not for our watchman the California bottle diggers would have long 
ago packed off all the archaeology and our homes. 

My family haa been in Silver City 114 years, fit have preserved 
the town without outside help inoluding the reoently formed B.L.M. 

Our town ia unique. It is one of the best preserved mining towns 
in the Old fleet. A few fallen down buildings have been restored but 
moat of the buildlrfgs have stood for .-11 these years with our help. 
One third of the buildings are still owned by desoendents of the 
original families. 

The land holds almost no historical value without our buildings 
and the buildings have lose value without us. We are part of the towns 
history and anytime one of us starts talking about our town we draw 
a crowd of interested tourists* 



9-32 



r could to 


& 


distant 




jr roots. 





are not 


J 


fifhtiag t 





rtserve o 


ir 



has 



\;y tvo Aunts Q,isn Spvrg*en *nd Ulie Carver act as -y.&«e for Straw 
I -urs and other tours 01 Silver City. Ihay hti$ Iirlng the oli to..n 
to live for the tourists. 

Silver City maans more to us than it ev. 
Tov^rnment in .ashinrton fl.Q* because it is s 
to t-ct the rround under sujinaer horn*. ,; .e are 
historv. , 

lur rftviro'-'.:;ental I:-.pact Stutem.nt 1-14 Silver City 
and local historic- significance 'out lacks National 

Therefore it ssflms ro&senaile to ine ih >t the control of 
should be local. ..ur<=ly there are enou-h places of National 
bheS.L.C could spend their time ..'ithout 
iur unique historic to to. Yes. I said dc-stroy 
that the a.L.M. could manage a bubble gum machine 
out bundling it. 

How '- /.'ord about your 1# pound iZOO, 000.00 mess, The Sil 
City rnviron.nental Impact Statement. I do not have to e««« it 
mistakes. There was no timber on the hills arcund Cjlver City in 
all been cut Tor firs wood and mine timber, "he- *fi-- eminent 



As sta- 
egional 
si.^ni "iriance. 
Silver City 
si wii'icanc 



ing to 

not t'eel 

penny arcade .4th- 



find 
18G0.. 



It ha 

-■iuent considerable money and t'me assessing the los^ ir. timber and finally 
in their slo.» inefficient noney-squander' ng ..'as came up v;ith a hill ;'nr 
'•1:0,000.00 ior the lost timber, but those «13 cot Sh« timber ;.tc 
Ian*, -one. 

I mi-ht also mention that the courthouse had a ?;ablo roof. There 
--■iere no flat roofs in Silver City because of the heavy snow f ill. See 
tahoto l-'irure 2-S pa^e 2-2? in ."our rnvirc-nraemtal L.iaact Etute?rwnt for bhe 
correct roof. 

hut .vill we settle for? 

■y first choice vaa "No Action". I //ould like to hold out until 
the !-.L.M. is so sick of us that they .vould rive us a clean title to 
our land. falS it may come to this if the-'.L.M. doesn't shape up. 
The majority -wants to try option 2 (o.rn the lots under our houses) if 
:e can"s;et a few chants. Pape 3-9 is not acceptable. e have a 
county building code stfid do not need 

.1.':'.. if („-3) cannot be changed t 
B to.vr.si.te. So 



ir aatisf 
end \iv. '.vith Otfttoiul (n 



ng med-tler from the 
tion m ■vill fight for 
action) for a number of 



years 



I : nder option fZ ve feel the 
are unrealistic (A-l) you eompar 
closed six months 9 year to p,ac 
no ski slope, no river or lake, 



s you suggested 

area .vith 23 i 
,- paved all y&a> 
clectri L'Lty and no 



L'or our lots 
iles of dirt roai 



sugf-e^ted prices are not acceptable. 

1 feel that there ure a fev) regulations that sr;^ '-c 
k-en the '-.L.K.. in line. 

(1) It should 58 required that any .1..''. person .''ho 
tours to Silver City chould have a course in Idaho history 
of the excellent books about Silver City. That .vay they :to 
snreadins so m<iny untruths. 



nd read some 



(2) The F.L.M. should comply with the county building codes. 
The fc.L.M. outhouses or vault toilets are the worst violation in our 
historic town. 

(S) The B.L.M, should be required i o supervise their fire .vatch 
and garbage collection. The cons overflowed all summer And <*iere not 
taken in for ./inter. They are still a mess. It the L..L.M. cannot 
manage a few garbage cans how can they possibly manage a town. 

.Yhy don't we trust the 8.L.&.? The simple answer is their 
past performance or should I say non-prcf onaance. 

".'e will not commercialize our town, rCe .vill not destroy it's 
historic value. Vie will keep it in tact and continue to j";ive tourists 
a taste of its history. 



*U.t 



*i&slc-&vts 



\ Cald'.vell, Idaho 



Sydney Chadvji ck 



Cathy hite 
Steve Chadivick 
"iary t'langum 
7!obin Chad'.vick 
Fred Chacwick 
Sruce Chadwick _ 
!-.obert .hite 
Chris hite — ' 



■S~t&C> i3j^yt^<'^<^^^' 



th> a f jL^yi^-t^Z<^yr'^ 



> £Uts>T^- 



DONALD L. 6 DARIENE REICH 
3423 Sunset Avenue 
Boise, ID 83703 



Silver Cicy Draft Environmental Impact Statement 



Wm. L. Mathews, State Directo 
Bureau of Land Management 
Federal Bldg, Box 042 
550 W. Fort Street 
Boise, ID 83724 



Reference Bureau oE Land Management, Boise District Office, letter and 
enclosure, subject same as above. 

In accordance with reference in para 1 above, we take this opportunity 
to submit our comments to the recently published Draft Environmental 
Impact Statement (EIS) for Silver City. 

(1) We own two buildings situated in Silver rity as follows: 
Block 7, Lot hi, classified as a "supportive historic building"; and 
Block 1, Lot 11, classified aa a "major historic building" and referred 
to as the "Ropers Boarding House". 

Since our building situated in Block 1, Lot 11, has been classified 
as a "major" historic building, we would like to correct discrepancies 
published in the EIS. Our research indicates that this building was 
never used for anything but a private residence and since the dwelling 
has only 'one' bedroom, it was unrealistic for the building to have boen 
referenced as a "hoarding house". It lias only been commonly known as 
the Rogers House since 1=156, when the building was owned by a Mrs. Clyde 
Rosers. Also, we have a photo datinp, 1866 showing the building under 
construction, makinj; it older than reported in the EIS. The EIS contains 
many discrepancies such as this, too numerous to try to mention. The 
many discrepancies, which are eauily researched, reflect on the Ctcdit- 
ability of the entire EISl 



(2) We feel the j-alvanlzed roofs on ou 
due to the flammabllity of other types of r- 
heavy snow build-up during the winter month 
be out of the question. 



tmilclinf.s are s 
oflnj;. Also, ch 
, any other typi 



uba 



ntlatod 



31 May 1973 
RF; Silver City Draft Environmental Impact Statement 

(3) We take exception to the many comments on our "unacceptable" 
outhouses. Due to the poor maintenance of the BLM public toilets, we 
find it necessary to keep our outhouse locked to avoid tourist usa?,e. 
We have no real objections to the tourist usaj>e; It's the vandalism 
that occurs that forces us to maintain the lock, even durlnp, our occu- 
pancy. 

f/t) We feel the BLM lias "Intruded upon the historic integrity" of 
Silver City with its concrete picnic tables and modern nrivies, neither 
of which blend in with the surrounding landscape. 

(5) The addition on our building in Block 7, Lot 42, was not fi 'new' 
addition but a renovation of part of the building that was caved In by 
snow. The renovation was made before the Silver City Zoning Ordinance 
or any guidelines were in existence. 

(6) The KIS has only pointed out "intrusive alternations" that have 
boon done In Silver and accomplishments for the betterment nf Silver City 
were totally neglected. As evidence of what our care and continued 
maintenance has done, we have enclosed "before" and "after" pictures of 
our building situated in Block 7, Lot 42. 

Silver City has been a m.i|or part of our lives, and our childrcns 
lives, for the' past eleven years. It Is clear that a lease would he the 
Vehicle by which HLM would force us out of our home and deprive our heirs 
of their rightful inheritance. Our future plans are to live in Silver 
when we retire, therefore, (1 20-year lease would be of no value to us. 
Assuming we could live up to the financial demands placed on us during 
the life of the lease, there would he no assurance for continued owner- 
ship. 

Tt Is evident that without the- blood, sweat and tears of the Silver 
Citv building owners durinr the nast years there would he nothing left 
for BLM to now manage. Therefore, unless Alternative 2, sale of public 
land CO building owners, is Imnlemcnted, wo will move our homes to nrivatC 
1 and . 



mill 



■antly opposed to tho le 



will 



roofing would 



DONALD L. REICH 
DAKLENE RKKIU 



9-33 



■ 




<2-A?, /r*? 



d^tZ-J*^ /** 




Bureau of Land Management 
Federal Suilding 
Boise, Idaho 

Dear Sirs, 

The Draft Environmental Impact Statement about Silver City 
is of great interest to our family and we want to compliment your 
staff for producing a report impressive for its quality and quantity 
of information. It provides a comprehensive data base from which to 
approach our land tenure problem. 

Our family's relationship to Silver City is that of home owners, 
Since pioneers days we have been active there as miners, politicians, 
historians, writers, businessmen and citizens. Vfe love Silver City 
and think of it as our town. Also, we respect its value as an 
interesting historical' site and enjoy sharing it with the public. 

Our position from the time when the land tenure problem first 
appeared has been one of cooperation with the BLU, the State, the 
County and the townspeople. Ka believe that the building owners need 
the 3U (or a representative of BUS) to be responsible for tourists 
and tourism, and the BLU needs the townspeople to maintain the 
buildings and traditions of Silver City. The needs of thetwo groups 
are compatable and complementary. A compromise should not be diffi- 
cult to reach and we look forward to working out such a plan. 

Our major criticism of the DEIS is that the goal and plan 
of the SUL for management of oilver City under the proposed lease 
action is not outlined in sufficient detail for anyone to beable to 
judge whether it would be good or not. Certainly, a building oimer 



( 2 ) 

can determine that the lease idea is poor as far as he is concerned, 
but so little information is furnished about what the Bill intends to 
do under the lease arrangement that NO ONE can judge whether such 
an action would be good for the public or not. 

Our second point is that the DEIS, inspite of exploring 
seven alternatives, does not contain any alternative action which 
was reached by negotiation between the BLM and the building owners. 
Each side (the iiLLi versus the. building owners) seems to be locked 
into one position, and valuabjeUJ time and effort and money have been 
expended by each side in defenoe of its position, rather than in 
negotiating a compromise. Failure to include one negotiated alterna- 
tive ignores the moderate viewpoint, which may turn out to be the 
majority viewpoint. Failure to include a realistically compromised 
alternative denies the public the opportunity to respond to a 
solution to the land tenure problem which will most probably be the 
ultimata solution. It is wrong to ask the public to respond to seven 
alternatives; none of which is acceptable. The result will be delay, 
and the public has shown that it doesn't care how the land tenure 
problem is settled as long as it is settled and quickly.' 

The public hearing in 3oise on May 25 showed th^t only two 
viewpoints are operative at this time: the building owners who want 
fee simple title versus the dLM which wants lease. MOT ONE PERSON OR 
GROUP appeared to offer any other viewpoint. BLM should accept the 
fact that the general public was not interested enough to appear at 
thl hearing (which had been widely publicized) and therefore only two 
positions need to be considered at this tine * the 5LLA and the building 



( 3 ) 

owners. BUI has had a clear mandate from the general public it is 
not concerned about the Silver City problem. If a few letters trickle 
in to support *ither side, a value of a 15 cent stamp should be 
placed on that interest, and compared to the 200 people who attended 
the public hearing, and it should be noted that some of those people 
came from places as far away as 800 miles. The general public clearly 
indicated that its interest in Silver City is nil , and the 3Lii is now 
freed from its congressionally mandated obligation to protect the 
public interest in the public land; the 3LU is now free to deal directly 
with the only public which showed any interest in Silver City. 1 On with 
the compromise] 

omssioas u comparing th£ «.ctij& cf l^ase tc sale 

In comparing the proposed action (lease) with Alternative 
too (sale), the impacts of each action are identical except for the 
socio-economic characteristics. Under the lease action, the building 
owners will be INSECURE. Under Alternative Two (sale) the building 
wv/ners will be SECURE. The implications of this difference should receive 
more attention in the DEIS than they do. 

building owners who resent the idea of lease will enter 
their contracts with negative attitudes, which may result in a 
bare minimum of compliance with terms of the lease, a withholding 
of creative ideas and efforts, a dour attitude toward to* rists and 
apathetic cooperation with the administering body (aLil?) 

Under the sale action, the home owners will feel secure. They 
will take pride in their homes, and consider the time, effort and 
money spent in maintaining and improving their property a? a worthwhile 



9-34 



( k ) 

endeavor, because they will own it. These positive actions will benefit 
the public because well-maintained buildings, and loved buildings, 
are interesting to look at. Contented ftfflffBOW&ers make the beat hosts 
to tourists. Transferring fee simple title to the small amount of 
land involved here ia a small price for the federal government 
to pay for the acquisition of a stable, dedicated building mainten- 
ance and repair force, and a welcome crew of 2X proud homeowners. 
As the building owners learn to trust the administering group, thgy 
will enter into the spirit of sharing their heritage with the public. 
The value of this to the public interest should not be underestimated. 

Possibly some of the homeowners will open their ho.^es to the 
public occasionally. Family heirlooms, now removed, may be 
returned to Silver. Old traditions and styles of living would be 
continued and taught to the succeeding generations. The living 
part of Silver City is its people. The DEIS in its present form 
makes light of this fact. 

A possible adverse effect under lease would be a feeling 
among building owners that the lease rental was excessive. They 
aight be tempted to rent their homes to defray the coat of the lease. 
Allowing people to rent who are inexperienced with the living con- 
ditions of the Owyhee pioneer home couldresu.lt in fire, frozen water 
pipes, or destruction of building materials. If the &Ui should try 
to outlaw such rentals by inserting an anti-sublease clause into the 
lease, the LiUi could have difficult policing problems. 

Under the proposed lease action, Htm Owyhee County w.iuld 
receive no tax revenue from Silver City residents. Under the sale 



t 5 ) 

alternative, Owyhee County would receive *2,AO0 in taxes. A county 
which benefits from a federal action is bound to be more cooperative 
in assisting the BUI with its law enforcement and its projects than 
one which is f/r^cjced to assist without recompense. 

Also the County would be more willing to cooperate in building 
and maintaining roads to Silver City if revenues originated there. 

As a beneficial impact under lease on the socio-economic 
resource on page 8-2, the DE15 states that the sewage and water 
systems will be improved. The improvement of these systems will be 
an action independent of whatever alte native action is adopted. 
It is not fair to cite that improvement as a benefit exclusive 
under the lease alte native. 

In general, from the information presented in the DEIS and 
from the testimony at the public hearing , and from the remarks 
above, it is apparent that the public interest will be best 
benefitted by the Alternative Number Two (sale). 

TOURISM 

One issue that must be addressed in the DEIS is the impact 
of tourists on the resources of Silver City. Tourism has made moce 
changes in the environment of Silver City than any othe force in the 
last 30 years. The 3LiI must discuss tourism under the various alter- 
natives so that the public can judge which alte native will allow the 
BLM the best opportunity to provide services for and control over 
the visiting public. 

In discussing tourism, the DEIS should consider noise polution 
from motorcycles, road and vegetative damage by motorcycles, vandalism 



C 6 ) 

from the public being allowed access to tracts; littering from 
tourists approaching closely to the buildings in order to take 
photographs, the visual pollution of public parking, and the danger 
of fir? from camping and partyihg. 

The Bill should diecuss under "tourism" the monetary and social 
advantage of having 200 cooperative building owners on the alert 
for damaging intrusions from the public. The 3I> should describe 
how it will manage tourism and tourists if the lease proposal is 
adopted so that the public can judge whether the BLti will be able 
to control the impact of tourists on Silver City resources, 
assuming that the homeowners do not change their negative attitudes 
toward the £M. 

ARCHAEOLOGY 

The section on historic archaeology (2-53) appears to this 
reader to be extremely sketchy considering the amount of testing 
which was described in Appendix C, "The Methodology used in 
Assessing the Archaeological Resources." At the least, a map of 
significant archaeological sites (similar to iiaps 2013, 2915, 2916) 
should be included. A summary of Ur- Spragues' findings and evaluations 
(similar to the building owne -ship tabic shown on Apprendin. C$1) 
3Jsould be included in the report. 

^ore important than the facts and maps however is the 
meaning and implication of the archaeological aspect on the 
Silver City land tenure solution. Archaeologists have been a very 
powerful force in the decision-making process tbout land use, 
development and preservation. The DEIS should describe some of the 



( 7 ) 

effects which the archaeological factor might have on building 
owners under the various alternatives. The archaeological aspect 
of historic preservation has been introduced into the land tenure 
problem fairly recently and needs to be thoroughly explained. A 
section should be devoted to an explanation about how the existence 
of an archaeological site on a building owner's lot will effect 
his rights and the oublic rights whether the building owner 
acquires the lot by lease or sale. 

It is incorrect to say that an archaeological site will be 
lost if the land upon which it rests is sold. A covenant can be 
written to reserve the site for future archaeologic digging and 
study. Upon conclusion of the study, the covenant can be removed. 
If it is suspected that a very important building stood on the site, 
the ISM could reserve that area tentatively for future decision, 

EVALUATION OF LOTS 

The section in Appendix A-l which discusses the V.ethod.ilogy 
Used in Estimating Lease .tental should be redone. The proposed 
lease price cannot be set by comparing Silver City lots with the examples 
cited because the examples cited are located on or near water, 
and thus are worth considerably more than the oilver Cityiots, 
which are miles from water suitable for recreation or scenic beauty. 

There are very few conventional recreational activities 
near Silver City. 'J-'he main attractions of having property in Silver 
City are the low taxes, the freedom from control, and ilia of 
civilization, und the binding force of heritage of pioneer fore- 



9-35 



'::-:,:■■:■.■■■■■.■■■.-: .;,■ .. 



( 3 ) 
fathers. These are not the normal persons why people maintain second 
or summer residences and should be considered in appraising the lots. 
Lease will destroy all of the above mentioned reasons for wanting 
a house in Silver City, 

If the appraiser takes into consideration in evaluating 
the Silver City lots, the drawbacks of impossible roads, lack of 
services, liabilities of a failing water systsitt, inadequate sewage 
and fire projection, the leaf#/ rental fee should be low. On the 
other hand, the sale price of the lots should be fairly high because 
the potential for improvement is excellent. 

Another aspect which should be considered in setting both 

a leas* rental price and the sale value of s lot is the building 

owners' responsibility to keep his building in good condition. The 

standards of preservation will be set Lv a group in which the 

building owner has no voice and no vote. The enforced costs of 

maintenance may or may not benefit the building owner. H e win be 

required to expend money for the purpose of providing a pleasant 

visitor experience. In other words, he will be providing a service 
to the public, and this service should b reflected in the price 

which is assigned to the lot. 

CONFLICTING RIGHTS 

The DEIS should explain the various rights which can or cannot 
be conveyed to the building owners by the Department of Interior 
under the proposed action anrt the various alternatives. Thsse riphts 
and their impacts on the building owner are significant to the impact 
which the various alte -natives have on the resources. 

Issues which need to be addressed are: 



( 9 ) 
/.'ill the rights of the existing mining claimants be preserved 
and honored? What privileges and what activities does a lode mining 
claimant have over the land leased by or sold to a building owner? 
/'hat rights doea s placer miner claimant have under the same 
conditions? Can assessment work or ditching be done on the lessee's 
lot? 

Does historic preservation prevail over mining rights? 
V.hat rights will historians, archaeologists and administrators 
have over the rights of the building owners? 

'A hat protection will the building owner have against intrusion 
by tourists? Inspecto *S? Grazing animals? Miners? 31,1!? 

'.That will the SEN be able to do to help the building owners 
with protection, undue dosts of maintenance, and damage due to 
tourists? 

'.Vhat uses can the building owner make of the land adjoininghis 
building? some families have traditionally used rather large tracts 
of land in the past. What will their rights be under the new lease 
or sale agreements? How can a family continue to live as its fore- 
fathers lived if federal controls prohibit it? 

V.hat right of appeal will the building owners have against 
charges brought by the administering organization? 

'••hat eor.ferol will be exercised over tourists and vehicles? 
Something should be said about guided tours, visitor control, 
monitoring of tourists, permits for various activities such as 
photographing buildings close up. 



The D£I3 states that a sale action would require convenants. 
The DELS should describe those covenants in detail and sxplaiadWhftt 



C 10 ) 



the purpose of each covenant is. *t is difficult for the public 

and the homo owners to .judge the impact of lease as compared to sale 

action unless the covenants are thoroughly discussed, evaluated 

and compared. The 3UI could be talking about a loose lease arrangement 

which would be infinitely less effective than a strict-covenanted sale. 

ssFiarrioKS 

In the glossary of definitions (G-l-5), the term "unpatented 
mining claim" is omitted. In addition to the definition, clarifying 
remarks should be'msde to distinguish a lode claim from a placer 
claim. The definitions should include informs tionaboutthe rights 
of claimants on their unpatented .mining claims and the pertinent 
legislation should ba named, 

V,e will be interested in the next steps which the Jli: will be 
taking to resolve the land tenure problem. If we can be of any 
assistance please let us know. 



sincerely 




June 2, 1978 



Win. L. Mathews, State Dire 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 83724 

Re: 1792(911) 

Silver City 

Dear Mr. Mathews: 

We would like to go oi 
agreement with the Bureau i 
Silver City, Idaho. 

We want and feel we should have a title to our buildings with 
no restrictions other than those set by Owyhee County. 

Four generations of our family have enjoyed our Silver City 

. though we are "johnny-come- latelies" 



i record as being opposed to any lease 
■f Land Management on our buildings in 



home and means much to us 
to the area. 

The value you have placed on this land Is too high and Is not 
comparable to McCall, Cascade or Murphy Hot Springs. 

It seems unfair that after all the years that the homeowners 
have taken care of the buildings and Silver City at their own 
expense that the Bureau of Land Management can deal with them in such 
harsh manner. 



Sincerely, 

Roy M. Hoagland, Murphy, Idaho 
Ma/jorie J. Hoagland, Murphy, Idaho 
Lester B. Nelson, /St- 6 flampa, Idaho j 
Tla*ieB. Nelson, Rtf. 6 Nampa, Idaho j 



,-■]:, ~-y-;..:;.r -r. . ... ■ , :. -. -"■, T.~ r "::.-,: 



9-36 



iiiiiiiMHMi minium ii wmiiiHM— nimnim m 



JUNE 2, 1978 



Vm. L. Mathews, Stat© Director 
BUEEAU OF LAND MANAGEMENT 
Federal Building, Box 0^2 
550 W. Fort Street 
Boise, Idaho 8572^ 

RE: 1792 (911) SilTer City 

Dear Mr. Mathews: 

After reading your draft environmental statement, 
our conclusion on the Silver City proposal is definitely 
the #2 alternative; whereby sale of public land to build- 
ing owners would be granted - 

We feel this to be the fairest proposal, mainly be- 
cause of the building owner's time and money spent through 
the years preserving the town - or there would be no Silver 
City at all. 

Also, most of these buildings have been passed on 
through generations. We, personally, have inherited ours 
from family and expect to pass it on to our heirs some day. 
A deed to the ground our building sits on would secure the 
ownership- ., 

Yours/fcruljy, 

MR. & MBS. JOHN M. BURKE"' 

ROUTE 1 

HELBA, EOAHO 836^1 



There has been no known sighting of tattlesnakes 
in the Silver City ES study area. 



OWYHEE COUNTY TITLE CD. 

MURPHY, IDAHO 838S0 

June 1, 1978 



TITLE INSURANCE 
HEAL ESTATE 

SHORT ESCROWS 



Wm. L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 042 
550 W. Fort Street 
Boise, Idaho 83724 



Re: 1792 (911) 
silver City 



This letter is written in response to the request for input 
into the recent Environmental Impact Statement, prepared by 
the Bureau of Land Management, on Silver City, Idaho. We 
will not go into the many errors of the publication, as am 
sure these have been pointed out by others. The land 
tenure problem is certainly a complex one and should be 
resolved without undue delay. 

As a resident land owner and taxpayer of Owyhee County as 
well as a home owner in silver City, I feel that the residents 
and owners there have certain vested interests in the lands 
on which the buildings do occupy. This is not to say that we 
are unwilling to pay the fair and reasonable market value for 
each premises, in order to obtain a good and clear title to 
the land. 

We find the lease proposal totally unacceptable, as historically, 
with few exceptions, the Landlord-Tenant arrangement has done 
little to enhance or preserve the quality of any residence. Am 
fearful that it might even break the spirit of the mdiviuals 
to the point that the historic quality of the town would be 
degraded. The reversion clause, especially, would be a cross 
no one could bear. 

In summary, if the situation can not be left in an "as is" 
position, we would favor granting title to the owners, with as 
few restrictive covenants as possible, to maintain the historical 
integrity of the town. There are presently, many restrictions 
imposed by the State of Idaho, the South West Health District and 
the Ordaninces of Owyhee County, that must be complied with. 
As an alternative, we favor the Townsite Proposal, if it can 
recovered from the Organic Act of 1976. 






Thank you for your consideration in this. matter. 
Sincerely yours, 

Nick Ihli, Murphy, Idaho 83650 



.Tune i'i, 15 1 3- 



Bolse, Idaho 
June h, 1978 



William L. Mathews, State Director 
Bureau of Land Management 
Federal Building, Box 04.2 
Boise, Idaho %V2U 



Dear Mr. Mathews; 



I am a homeowner in Silver City, Idaho. I wa3 born there in September of 1906, 
At the age of U years my family moved into my present home, a home that my 
father lived in when he was a young man. 

The *th generation of our family is now residing in this same home. 

Silver City is our heritage and not .lust a historical old mining camp. 

It was our World when I was growing up. We stayed in Silver City all the time, 

we werent traveling around as people do today. 

The feeling we have about "Our town" and"0ur Homes" is something outsiders do 
not understand, 

I will NOT sign a lease. Only a clear deed and title to the land we feel we 
own will be acceptable. The Townsite we feel we are entitled to Is first choice 
a sale of land with clear deed and title is second choice. 



Thank you for your consideration, 
Sincerely, 

Eleanor Beaman (Also known as Eleanor L. Smith) 
1017 North 2Pth St. 
Boise, Idaho R3702 



<^J 



.mil L. ivat thews, 3Late Director 

bU reau of Land i>s;triag,et£icnt 
federal blig - , Bex 0*2 
550 w . Fort Street , 
Boise, Idaho Si?!*. 

Dear fl,r. jsattiiews; 

j.' our Snv Lronmental I-iipacL 3taieii.erit or 
VJTJ Lu 3j" tliuu - or ...c , 30 I a.i. alow Li 




Cixe _ . 

act ueciufcae of Indli Terence 



--fir f re .11 It ! 



;UV',:r 3Hy 



Silver Jity 



fe$ t rand rataer, i-.atthew Joyce, 
l;ti lS-54 'ind about a year later began to ferm on 5 Inker Oreek, 
atvui Lwfc'ity I'.ve li-lloa frcifc 3Uvor JHy ■ u.e c. t;ls lu^rces 
of Ucc&e, latwr, was sell in- iroiuce nui i'rult Into lilver iroa. 
tuia r&itoU, I he Jcyce family also ru>i a dairy at Lne head of 

Reynolds Creek -.nl acid eruxt a.u4 Butter In lilvcr, tuklfl)- it in 
i.y pack norse . 

kv Lutner, V. r ■ ..eitielin, 
in about lEPf r*ad wilked Irca .,<.u.pa l 
U pair Of "j:.CG3 it, ti-9 process 
:md Iney WSV9 married iu lf'9* . 

were torn i.i the iSyu'fl at LLe 
Kount-'jln and 01 Li.e two y-u.i r >. 
and Jce at thu iiuKer :r>.'9K ape ft.': 
and lived fcr >:.a,.y years. 

un i&aie iBntiy irl 3 InU Oliver Utty, both 1 or tustaeaa 
^lnce ti.at was the county seat -jl u.at time uud fur social events 
tr^vellnc in ti.a -jarly yoare bj horse l-jck, bu-uy. or '-^ Lfl * j:,d 
then in the i.ciei t ifl-i 1-aor MieL a jorle. <*t, tn-Jt Liute, 

ev ,ry unu LUt ti.8 irlver ol U<« a^r'^Co push It over H&ti.Q 0* U*U 
ateepec places en the aountain road. 

eon 'i.U I :<c'J-nt a house In Ulver 
a -j. ii re* up* in Uyuew Gtunty, net 

un in turn r.il o eti elected •xt'vi Swr- 
eci the ci'l'tcea were et'lll Vn il lv r 
Oity. ao tiw town wy« always wery .tuoti a ""HiFl. oi our lives, 

ave enjovod our ' 



,;.e t'roai Lulu tu .■.aij.f'C 
liver Jity , wt*arlft£ out 
IV.aro i.e Liter met ::.y ;nctr,er 
N.y two older brotn- rs srnd I 
lack Jack it.inltiti ch:i;p tti riorlda 
Cttie-a, J Ilii was born ^ silver vliy 
i. ware we all ^rew up 



In 1?S5, Isabel 

jlty . latiuel tl*x was ^ 

l'yr l'roui 5'lver nrni eao;i 

vud -ja Jcuiltj 1 rr>.ii3urcr. 

. ao Uw town w-js always very 
nl Lne ['ami Ilea cr hot ft of us 

VWT'y iitUcn, every suj 

a pile of ru. tile n'i'i we not re 

With lurge timbwr 



I u,„ sura it wouli ..hva ocllu.jsed into 
Buirtid it 'Lii-i brioei it uaioroMtn 



„0W wu wvUlJ 11. .o Lu *et tltlH to tnu land our ucune 
3t'indjson and a ruascniii.le yanl urcund it. ',»e 1: not want to 
loaae. i.u feel tn'it, uftur rwilirlftf M.ii t'w -uirinfe Lnooe "iuoos, 
our government si.ould not eitnur force ua to lunva or ah'JPge ua in 



9-37 



June g, 1978 



Impossible price Lo stay. 

In this letter, I have hooed to show ay long and close 
comaectlcm with and deep love of Silver City. Also qite a num- 
ber o£'aou3e owners there had parents or grandparents who lived 
there in the town's busy mining years. We would all like .to ' 3 
own the land our houses stand an and preserve the place as an 
old pioneer town. 

Very truly yours, 

1015 14th ave So., 
Nampa, Idaho. 8^551 



Dear Sir: 

We are Silver City taxpayers and home owners. We are interested 
in protecting and preserving the historic town. 

I was born in De Lamer which is eight miles down the creek 
from Silver City., My wife was born in Owyhee County and her father 
was born in Sifrer^in I878 and her mother was born in I891 in Silver 
City. 

We feel the Bureau Of Land Management should give the Silver 
City homeowners a deed to jtKs* ^£o™J) U^-o-^m^ \IjL14j; ~~~n-t->-^u><L> ^ 
Sincerely, 



&* 







. June 9, 1978 



Dear Sir: /.,' 

We are Silver City taxpayers and home owners, We' are 
direct descendents of Siver City, Our grandparents were 
born in Silver. We are interested in protecting and preserving 
the historic town. Whatever preservation has been done, the 
building owners have done. 

We feel The Bureau Of Land Management should give the 
Silver City homeowners a deed to thier property. 



Sincerely, 






9-38 



Dc'ir >irs, 

iliis latter concerns your £!■■> on silver city. „-e hsv« had 
a ''.one in Silver City since 1963, and not only treasure our build- 
in", but al.fto the precious environent that oilvcr city has. 
i.'e foel that your tiltf has neglected to take into occount the 
"Living .Jilver City", not just buildings, but homes with r,eo..le. 

i'alce, for example, a visitor who parks their car next 
to our home. Once out of their cars they have an opportunity 
to nee historic buildings, foundations, a few old trees, eoroe- 
ti*nas C' ttlc, nine dumps, and a few chipmunks, fhey raight buy 
." booh on ;Ilver City. But none of this will relay the vary 
c. ccial flavor silver City has. 

;-*.lvev City in -;ore than just historic buildings -nd books. 
;ilvcr City is nora than ju.-t past history, oilv^r City 1,3 a 
liv-n history, a history of yesterday's people incorporated 
vi'c'n tod.~y~ people! ' 

We. cere for our toim. Our visitors see uork c;.-ews ouiYtlng 
the '.'int-.r -^ood for the watchman, or sec o clean up ero-d picking 
u. fitter, or a repair crot: fixing wetar leaks end bridge 
ac '.n-:cs, or a horacovner patiently trying to .yet the right cut 
on an old pir.ee of wood to replace his siding. Our visitor 
naer thpt -:s Have prenervwtion i=*ttd pride in our townu and homes. 

,'hsrei i3 your best source of history? Is it in artifacts 
in the ground, in buildings and foundations, or is it with the 
p :opl e who were there, uhoaa parents were there, and whose ■, 
nrand™arcnta varc th.-re. Isn't history their family albums 
and Qcr-pbooka. Iwn't history the stories and happenin *s ttu-t 
;^.ra paaqed dovn from feneration to generation, isn't it raore • 
important .-nd meaningful to visitors to have the chance to . . / 
hear and 'Vd tiner" tell about the way life was than to tiae . 
■joire old bottle bhtlt Came from the ground. Ii:n*t it ore impor- 
tant to lu've u.-i available to answer questions, p;ive directions,' 
and relate local history. 

Anything, tbat dOftff- not jjreu '..ill decay, we grow -s t,c Cwie 
for our homes and our town. ,,-e grow with our people in combined 
effort, whether it be Q workday and pot luck or a 4th of July 
celebration or a T.-edding Which brings forth a flew generation of 
lo"e and c; re to our toim. At each of thewe f wo grow in hi. Cory, 
making new and remembering ho./ it wa«. I'his is the only hind 
that people c::n produce. 

IJot to have rfleerfs to the ground that -«.*ve cared .or is a 
moral injustice. The only concieveabla happing of a liir.ao would 
be to defeat the honcawncr and to lose the' most valuable history 
Jllvav City ha ; to offer. 'i*he preservation of our buildings 
is done out of love for our homes -.nd the peat they represent. 
Love cannot be regulated or leased, love roust be ..cad to grow, 

■e ask that you tfrnnt us our towns ito, which we filed in ,'ood 
faith, under the existing laws at that time. 

.Sincerely, 

Karl J. Labia, Jr. 

JU.';jjn L.-lilile 



June 11 , l J 7fl 



City Kojnpov.r.ura to make application .or u towns 
after filing, :'T" stated trey couldn't process 
became very frustrated. 



State Director 
Eureau of Land Management 
55C West Fort Street 
Pox 0*2, Federal Bid*,. 
Boise, ID S3724 



CORRECTIONS 0! 
IMPACT 



SIIVTO CITY DBA 
MATH.' KT 



ei:vi«j:m"I.tai 



I,'. 1-3, vara, 4 A proposed lease by bl!.' res drafted Ir. Arri 
1977 bit r.ot released. I read it ar.d it was ridiculous. 

Pg. 1-4, 2-2 G . and 2-31 Map. Why are rot all the bUlMirga 
shown' I don't mear outhouses, either. There are Several 
storage sheds r.ot shown. 

lots '■?, 58, 6? ar.d 6? 1/2, 65. 4, '6; ar.d there is also -. 
structure across Washington Street froir. lots f'4, P5, P£ ■-■-' " ! 
which belongs to the leopard family, I'm probably 3tK»ir.f 5U 
a few of the other sheds. Why have you rot i.ddressed -''sre 
buildings? They do indeed exist. 



?,.. 1-12, para. 3 Ab.-ut ?0iS of the building ov.r.e 
of tha Silver City Taxpayers Association at this 



were rnemoers 



Pi. 1-13, Para 1 The it formation District Manager Dear. Mr.es 
supplied me did not indicate a lease should te reCorGBer.ded . Title 
transfer should have been the recom- endation . 

F«t. 1-16, 2-74 and 2-75 You should mention that state '-'1M Director 
Bill S'attheus told the Silver City Taxpayers Association that ar. 
ordinance was needed so it could be a part of the towr.site appli- 
cation. The Association complied. Idaho's congressional delegation, 
can verify this. State Director Matthews had encourag 



the Silver 



t,_ 2-1 oara. 3 The silver "'ity road is normally closed by 
from the end of ;:ovember to the middle of fay. 

7a:. 2-12, para. 2 "ap ?- n does not show al ' the buildings. 

Pg. 2-13, pana. 2, 4th sentence Your use of the words "ap; ea 
and "aimed BOlWhitt" are very discrediting to the homeov.r.ers 
Silver City. If it were r.ot *"or their efforts, the entire to 
would have been destroyed by vafidala and the element:. 

;.'. 2-18, para. 3 The correct afellir,* is "Ieonardi'". t'y ,~r 
EOther arc ur cles rar. the store ur to ard including l n 6'-. 7i 
Tconard died '. ecember IS 1 



'.',': 11 ie l 'awes, r,y great 



ar.c - 
1 " iar 
. died 



February 1°, 1 C 6R. 

r. . 2-21 Silver City is not supported by tourists' inccre. 

p, : . ?-?", para. 1 BI ? has never nana, ed Silver City nr EUrrcundir.? 

P.. 2-3C Block lot -■ should be ^2. 

?,-. 2-4':, Ki.v. 2-33 The ice house has. never beer, moved, firen my 
father bought the property in 1 Q 42, there was still part -f the 
flooring left from the brewery which was next to the ice house. I 
have r-ver S"en a photo showing the ice house in a dif'srsrt location. 
We have done s^me work on the foundation under it to rrer'-rv- -t, 
hut have never moved it. 

Yg. 2-44 , 2-45, 2-46, 2-47, 2-4S Why don't you have a listirg of all 
the things the owners have done to preserve their buildings that are 
r.ot considered to be "intrusive"'. Why has the HIV attempted to make 
everything the homeowners have done look negative'. It's a shame the 
PIT,' does r.ot have the capability to do a fair analysis! Hy the way, 



metal roofs were a part of Silver city ir the 1800 's. 

Pg. 2-54, para. 2 We have hired watchmen to protect Silver City 
since the late 1960's. The action has provided a great deal of 
protection and not just to "some degree", as stated by BIK. 

Pg. 2-60, para. 3 BIM just started placing a recreation aide near 
Silver City a year or two ago. BIM is correct when they say their 
"effort to manage recreation use in the study area is minimal". It 
would be more accurate to say they have done nothing which is probably 
the primary reason people enjoy visiting the area. BIM hasn't had the 
chance to ruin it yet with their Disneyland-like proposals, (see MFT- 
1975). 

Pg. 2-61, para. 2 If BIM is insinuating all these services are needed 
they are wrong, when people visit Silver City they don't want to see 
all the conveniences they have at home. They want to experience the 
back-country atmosphere of the Owyhees arc visit a historic mining 
torn.. As I said before, BIM appears to be attempting to turn the 
Owyhees into a Disneyland-like park for their own benefit. It cer- 
tainly isn't for the benefit of the public. (See West Owyhee Man- 
agement Han) . 

Pg. 2-77, para. 3 We have always worked on the water system. The 
only reason it hasn't been replaced is because homeowners are hesi- 
tant at putting a lot of money into sometbirg before the land tenure 
is settled. 

Pg. 2-78, 2-85, paras. 2 We have had a watchman ir Silver City from 
October 15 to June 15, since the late 1960's. 

Pg. 2-79, para. 2 Metal roofs can hardly be considered to be a 
"modern convenience". Silver City residents put metal or. roofs 
beginning ir. the late ]800's. 



Pg. 2-pO, para. 2 The Silver City Taxpayers Association has 
hardcore evidence as to why they are critical of the way Bin 
has handled the Silver City land tenure problem. The BIM has 
for years released incorrect information in ar. attempt to dis- 
credit the homeowners. 

pa, 2-60, para. 4 Owyhee County residents do believe Silver 
City is an important issue. Many of them have family history 
attached to Silver City aid surrounding area, ar.d visit the area 
quite often. 

Pf, 2-84, para. 3 Why don't you mention that BIM only started 
putting garbage cans in and around silver City two years ago, ar.d 
that for two years a Silver City homeowner was contracted to haul 
the garbage once a week. Before this, the homeowners kept the area 
clean with their owr. volunteer labor. 

Pg. 2-89, para. 2 Why does BIM want to develop Silver City ar.d 
surrounding area into a major tourist attraction, if they feel 
that large crowds reduce visitor appreciation'. I think that BIM 
will destroy the value of the area if they continue with the pro- 
posals they have made. 

Pg. 2-93, para. 2 lie wanted to settle the land tenure issue years 
ago, but BIM stalled and listed it as a last priority. 

Ch. 3 The only way I can address this chapter is to say— The Silver 
City homeowners will not accept a lease. A Silver City homeowners 
meeting was hold m Mttrpny, Idaho, May 10, 1078, ar.d this was em- 
phasized by all. Approximately 90* of the homeowners were able to 
attend. All were ir. agreement that they would accept only a title. 

Pg. 3-9 The lease <:oes not offer any security. Silver City resi- 
dents believe this land is rightfully theirs, and will not settle 
for less than a title. 



9-39 



Remember, all the cuildinrs are privately owied ar.d none would be 
standing if it "ere not for the efforts of the r.omeo.'.rers. With a 
lease, homeowners would neither have pride r.or ir.certive to main- 
tain their homes. How car. SI!.' expect homeowners to spend a lot of 
mor.ey, ar.d rut a lot of hard work ir.to preserving a buildirg if the 
homeo-vrer does r.ot have the security of owr.ir.r the rrourd she build.'r.g 
?ets on'. 

With all the requirements RTH proposes ar.d the mandatory maintenance 
stipulations, the homeowners could not afford to stay in Silver City. 
We are willing to accept restriction;? or. a title, but not mardatory 
mair tencuice requirements nor revsrMonary cl&uces. 

I have talked tn many people who have read the -'IS whom "io r.ot know ary 
thing else about Silver City e:-.cept for what the statement says. 
The statement does r.ot fairly show all the work the homr.-.-.r.^r.-: have 
d.'.r.e t.; preserve the town. The homeowners have consulted with the 
Idaho .'-.ate Historical Society concerning deed restrictions ard also 
dRvelci'd the Silver City F reservation Ordinarce. 

Pg. 6-1 il,e'i'p r ame the land uses which have beer prevented due to 
our occ.:raric,v . Y'^u certainly cannot name camping, fishing, hunting, 
hiking ■ horesehack riding, snowmobi llnr, oro-es-courtry skiing, grasine 
and many others, as Silver City and surrounding area have always been 
used for these activities. 

The Silver City homeowners are willing to accept a title und^r alter- 
native 2, if the title restrictions are r.ot a type which wou'd place 
a financial hardship on them, nor the type which wor.ld allow the Fed- 
eral Government to strip a homeowner of his land ar.d tuildin*.: at the 
stroke of a pen. If the SIM and Silver City homeowners are not able 
to come to an agreement, then I am sure it will all come to an end 
when many of the buildings are removed or destroyed by the owners t 
Property owners in this country have been continuously stripped of 
their property rights by the Federal Government. 



I car. assure the BIN! the homeov.-ners of Silver City will not allow 
their rights to he stripped from them. The homeo.-r.ers want to con- 
tinue to preserve Silver City and if the Federal Government also 
wants this, they should imntdiately transfer title with a minimum 
of paper shuffling, ^very homeowner should be given a title to 
the ground his home sets on. If not the Federal Government will 
be named and remembered as the party that put the final nail in 
the coffin for Silver City. 

Pg. 7-2 Why don't you list a figure which fairly illustrates what 
it costs the homeowners to go to Silver City dozens, of times a year 
and include a dollar figure arrived at by using cost of materials for 
raaintenarce plus manhoura. V.'e are the ones that put all the money 
ir.to preservation, not til,'. 

Pg. s-?C Alternative 7 BIT has not fairly presented this alter- 
native. After several meetings in l^"i and 1^75 with State Director 
BIS] Matthews, it was decided by State Office officials that a title 
transfer under the Tov.r.site Act was the best way to resolve the land 
tenure Question. Kr. Matthews laid out many retirements for the 
homeowners to comply with in order to make the towr.site application 
acceptable. These requirements were: (l) develop an Owyhee County 
zoning ordinance aimed at preserving the historic value of Silver 
City; (?) develop deed restrictions which would be placed or. each 
deed at the District Court level; O) oevelop a short management 
plan for the townsite. 

When the Bit.: State Office requested permission from Washington to do 
an EIS, they stated the proposed action was title transfer. 2TK Dis- 
trict Office personnel changed this to a lease after permission was 
given to do the impact statement. Comments submitted curing the West 
Owyhee Management planning meetings favored title transfer, but BIS! 
officials say they based their recommendation or a few letters received 
after the iubiic Hearings had concluded. A review 0' these letters 
shows three non-Silver City-residents favoring a lease and the others 
were letters which were only asking questions about the townsite ap- 
plication. 



The District Office clearly went against the evidence they had 
when they proposed a lease. The BIN* has handled the tenure 
Question very poorly and is certainly r.ot looking out for the 
best interests of the homeov.-ners or the public. The State SIM 
officers have made completely false statements about the Silver 
City homeowners and passed this information to the public and 
Interior Department. They have been very unfair to the home- 
owners from the beginning. 

Pg. Q--3 ( para. 3 There have been many letters and statements sent 
to B7M fron the Silver City Taxpayers Association and ir dividual 
homeowners over the past few years concerning the land tenure ques- 
tion. These statements have been ignored by BIT.", thus frustrating 
the homeowners. We gave the BIM a tremendous amount of information 
through letters and personal interviews, but they ignored it. 
The methology used to arrive at market values for land in S.ilver 
City is completely wrong. You cannot use as comparables, land in 
the Featherville area, Payette Take area, Stanley Basin area, 
Soldier Mtn. Ski area, Camas Creek Subdivision area or Ifagic Reser- 
voir area, as these areas have much more to offer in recreation 
than does Silver City. They have year-round access, are near rivers 
and lakes, and have large forest areas. Silver City does not have 
any of these . 

The buildings are what make Silver City valuable and they are all 
privately owned. Residents that have a family history in Silver 
City see their heritage when they look at these buildings, not just 
an old building. Silver City is their home, not just a retreat in 
the mountains. Mew homeov.-r.ers in Silver City v/ho do not have direct 
family history there have proven their interest in history by the 
preservation work they have done or are going to do. All homeowners 
deserve title in order to maintain the unity we hr-.ve for preserva- 
tion of Silver City. 

I have r.ot addressed al" the inaccuracies in the Draft KIS, as it 
would take a book of equal size and would probably be ignored anyv.ay. 



Due to the inaccuracy of the Draft KIS and Bill's inability to 
correctly put together the information they have, and do a fair 
analysis, T recommend the Draft statement be canred. Transfer 
a fair title to the homeowners and end this waste of taxpayers' 



Comments concerning requests to rebuild buildings that once stood 
in Silver City: 

If the Federal Government allows the rebuilding of some 
structures on lots they were once on, they will be destroying 
the historical significance Silver City has today. The Federal 
Government can then again be named as the party responsible for 
turning Silver City into another phony Disneyland-like Virginia 
City. Silver City is valuable for what is remainirg. A recon- 
structed building is not historical; it is a new building and thus 
destroys the historical value of the other buildings. If you allow 
one building to be rebuilt, then I am sure sooner or later you will 
allow more, ar.d before you know it, Silver City will be just another 
phony historical mining town ruined by reconstruction. 

Appendix C. 

Block 1, lot 51 This was a storage garage until converted to a 

dwelling by Mr. Albertine in 1976. 



as not vacant 



Block 5, lot 84 was a dwelling in 1951 as it is today, 
lot 05 was always a general store and dwelling, 
in 1951. 

Block 7, lot 28 1/2 was used for storage in 1951. 

lot 31 storage 1951. 
lot 32 dwelling 1951. 



I am sure there are many other errors that current homeowners will 
point out to you. 



9-40 



^lARKKCE K, OPTOK, JgT 
11+62 Highlander Road 
Boise, II) 63705 



Mr. William ; 



June 12, 1978 



June 12, 1978 



1421 North 21st 
Boise, Idaho 83702 



Mr. William L. ^thews 
State Director 
Bureau of Land Management 
550 West Fort Street 
Boise, Idaho 83724 



RE: 



Silver City Draft Environmental Impact Statement 



I am a fourth-generation resident and homeowner in Silver City, Idaho 
as well as a professional archaeologist. The following comments are to 
be Interpreted in light of the fact that T have both a lifelong and^ 
traditional knowledge of Silver City and that I am trained to view it 
as a cultural resource. 

There apnears to be not a page in the Draft EIS on Silver City that does 
not contain an error of fact, of law, or of interpretatation. Although 
I have neitheT the time nor the energy to assume the agency's responsi- 
bilities and to correct the errors in the Draft EIS, the following is of 
particular interest to me: The structure on Lot 54, Block 1, was not 
built in 1893 (as stated in Appendix C) but, rather, was built in the 
mid-1880's. That structure is now owned by William P. and Fawn S. Statham, 
not Harold Statham. 

Generally speaking, the tone and emphasis of the Draft EIS is blatantly 
biased. We residents and homeowners are represented as uncooperative, 
disinterested in history and historic building preservation, hostile to 
the legitimate tourist, and land hungry. Such a misrepresentation of 
fact ijj not in the best interests of the public at large. I cite two 
examples to illustrate this point. 

The Draft EIS is void of any direct agency recognition of the significant 
contribution made singlehandcdlv by the Silver Citv homeowners to preserve 
the cultural resources in Silver Citv. Rather, the credit and acknowledge- 
ment is made indirectly by quoting an architectural historian's report, 
prepared under contract. Such denigration and defensiycness can only be 
interpreted as evidence of a preconceived plan for Silver City and a desire 
bv the BLM to exnedite the proposed lease action at the expense of the 
truth and the merits inherent in other alternatives. Such bias belies the 
Intent of NS>A; nrevents any meaningful, fair, and impartial evaluation of 
alternative solutions to the land tenure "problem;" and starkly enhances the 
apparent fact that the BLM--eithcr by design of by default-is incanable of 
a responsible, responsive stewardshin of the cultural resources in Sliver 
Citv. 



The second case in point concerns the archaeological resources. Once again, 
the BLM chose to leave unrecognized the protection of the archaeological 
values achieved bv the citizens of Silver City. No attempt was made by 
the BLM in the Draft EIS to assess the vast amount of damage done to the 
archaeological resources in the 1960's through numerous instances of illegal 
excavation or to estimate the value of the resources now preserved if measures 
had not been taken bv the Silver City homeowners to halt this looting ot 
antiquities. Through the efforts of individual homeowners, and with no form 
of outside assistance, the destructive "bottle digging" has been virtually 
eliminated. Again, the emphasis in the Draft EIS is on current detrimental 
effects to the resources, rather than in presenting a complete view ot the 
situation in an historical perspective with credit to those who have in 
reality been the true stewards of the public domain in Silver City, we are 
now faced with a Federal agencv insisting on strict application and enforce- 
ment of rules effecting the homeowners, while making no comparable or even 
token efforts to enforce the mOTe long-standing Federal Antiquities laws 
in order to assure protection of these resources in the past, present, or 
future Clearly, the intent of the BLM is to provide 'UNequal protection 
under the law.' This is a painful and irritating kick-in-the-teeth to the 
neople who have helped preserve the archaeological resources in the first 
place. For a Federal agencv to continually default in its duties to enforce 
the Antiquities Act while simultaneously harassing those taxpayers who have 
protected the archaeological resources- -absent any effective BLM stewardship- 
exposes the intention of the BLM to protect its own ill-defined self- interests 
and to promote ity own biased proposal. 

Silver Citv has been burdened, and still is, with inaccurate, incomplete, and 
unresearched "histories," which create many problems and supply little useful 
information. This is a fairly common occurrence in towns of the Frontier nest, 
however, when an agency such as the Bureau of Land Management, rather than 
conduct respectable research, relies on such questionable sources for histor- 
ical documentation in a Draft EIS, the situation is obviously critical. Mis- 
information breeds more misinformation, which in turn breeds problems in 
preservation and interpretation, tine's conclusions and recommendations 
cannot exceed the qualitv of one's sources. The risk is that people in the 
years to come will see and read this Draft ETS and may, indeed, assume that 
since it was compiled bv an agencv of the U.S. Government, it must be corre. 
This potential is an outrage to those of us who have more than 100 year 
roots in Silver Citv and who reallv care about what happens. 



of 



The Draft EIS is a sham, 
will clarify my point: 



Perhaps a reference to an informational publication 



Agencies should he encouraged to seek the advice of the applicant 
' . ,in the preparation of the EIS. The agency that ignores them 
mav complete a very poor draft statement. . . -Too often the agencies 
simply will not have the expertise of the applicant who may have de- 
voted' years of analysis and studv before making [application]. . . • 
(Friedman, Frank B. , 'The Environmental Impact Statement Process," 
The Practical Lawyer, Vol. 22, No. 8, p. 52, 12-1-76) 



\tr. William I 



I Join a host of others who desire to see the best for Silver City, with 
reference to the "proposed action" recommended in the Draft ETS, I will 
not accept a lease. Nor will I accept any alternative which includes any 
form of reversionary clause. If the current efforts and tactics of the 
BLM prevail, there will be hut one alternative—to hold the homeowners m 
trespass. Any such action would he unproductive, at best, and holds the 
potential for irreversible damage to--if not outright destruction of— the 
myriad cultural resources in Silver City. I, for one, will fight long and 
hard before removing mv home--undcr threat of, or actual, trespass action 
IN TUP. NAME OF PleiSF.PVATinN: What an irony! Silver City is too important-- 
and to me, too precious--:! resource to he condemned to management by bureau- 
cratic whim and administrative fiat. 

As It new stands, I firmly believe that the original Trustee Townsitc appli- 
cation submitted on behalf of the Silver City homeowners in 1975 is the 
most viable alternative to resolve the land tenure question in Silver City. 
Under this application, which was properly and timely made, there are suf- 
ficient provisions for tile protection of the cultural resources through deed 
covenants and District Court oversight. With the devisive hand of the DIM 
removed from Silver Citv, the homeowners will be alile to work in ;ul unthreat- 
ened and open fashion toward proper cultural resource preservation and pro- 
tection. Neither the legislative history and intent which has been published 
concerning the IVIPA nor cstahl i shed legal precedent will support your con- 
tention on page 3-70 of the lira ft I'.IS, or the Solicitor General's claim, 
that tiie 1975 Trustee Townsitc Application was voided by the 197G repeal 
of the Townsitc Laws. The Trustee Townsitc Application can he— and indeed, 
must he—processed quickly and efficiently to produce an appropriate and 
lasting solution to the land tenure situation. It will insure proper pro- 
tection and preservation of the cultural resources by allowing those who 
have demonstrated their stewardship the opportunity to persevere and mature 
with their cultural heritage. 



William P. Statham 



:>Lu;. 



12 June 1978 



Mr. William Mathews, State Director 
U.S. Bureau of Land Management 
P.O. Box 042 Federal Building 
550 W. Fort Street 
Boise, Idaho 83724 

Re: 1792(911) Silver City 

Dear Sir: 

We received the Silver City Draft Environmental 
Impact Statement on April 21, 1978, with its gross errors 
and misinterpretations which make it totally unacceptable. 
The contents of this publication are even more unacceptable. 

We will not accept any of the proposed lease agreements 
with there cancelation clauses and the imposed restrictions. 

We will not accept any of the s;ile proposals with there 
reversionary clauses and imposed restrictions . 

We will accept only a clear Deed that can be perpetuated 
as spelled out in our Townsite Application of December 5, 1975. 

We claim a vested right in Silver City and a right to 
remain and preserve our Homes. 



Respectrully Submitted, 
Wilma L. Statham 

--.,'' = 'lv^ 



4023 Hoover Street 
Boise, Idaho 83705 



9-41 










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9-42 



STATEMENT OF JOE NETTLETON REGARDING THE SILVER CITY DRAFT 
ENVIRONMENTAL IMPACT STATEMENT. 

I have been a home owner in Silver City for a good 
many years. A a 'background, ray grand parents settled on 
a ranch near Silver City In I864j my mother was born there 
In 1868, and I was born ther m 1908, I attended grade 
and high school therB and was Owyhee County Clerk when Silver 
City was the county seat. Consequently, I have cone lderable 
pride and affection for the place. 

Since the decline of the mines the care and upkeep 
of the town has been done by the homeowners. They hire 
a watchman to prevent vandalism during the winter when 
the buildings ar* unoccupied. Aside from the county's 
contribution toward law enforcement and road repair, no 
State or Federal agency has helped maintain the town to 
any degree despite Increased tourist pressure. 

Therefore the home owners feel they mu3t have title 
to the ground the town Is built on rather than the leasing 
of the sites as proposed in the environmental impact state- 
Bent by the BLH. This will insure tenure that is necessary 
to plan for the effort and investment needed to keep up 
the town. 

The problem between the homeowners and the BLM seems 
to aten froa the Bureau's tendency to treat Silver City 
as a natural resource in its custody. But it is not similar 
to a wilderness area, a wild river or even an archeological 
site. Without the buildings, the townsite is just another 
thirty or so acres of creek bottom along Jordan Creek, The 
owners take pride in the fact that they have kept -the town 
down thu the years and feel they need more stability than 
that furnished by a restrictive and paternalistic lease. 
However, we do accept that restrictions would be necessary 
In deeds to insure the desired atmosphere of the town and 
enforcement of these could be by a local board probably 
under county administration. 

The method used in establishing dollar values on the 
lots for sale or lease seems a bit suspect. The places 
studied by the EIS team tl arrive at this price are fast 
growing recreational and summpf home areas within reach 
of good roads, water and sewer are probably available or 
could be provided at reasonable cost. But in Silver City 
no sewer would be practical and It is doubtful that running 
water could be put In buildings on the East side of Jordan 
Creek due to exposed rock formation. The necessary restrictions 
to maintain the historic integety of the town would stop 
any commercial growth, new buildings or changeB or additions 
to present buildings, thus freezing sale value to the present 
value of the buildings. 

While the size of the lots shown on the maps of the 
Study is adequate for some of the buildings, many of the homes 
are left without good access and no parking room necessary 
for normal comfortable living. . 



I have a hay barn and horse lot in town that is used 
In connection with my cattle operation around Silver City 
and dates back many years. It is essential to my operation 
and 15 kept clean and compatible with the historic appearance 
of the town. However, it appears only on Map 8-7 as lot 2>£ 
in Block 9, and on none of the other maps. I would appreciate 
some sort of arrangement for keeping this facility. 

In summary, It would seem that the best solution to 
the Silver City problem would be to issue deeds to the property 
owners, with restrictions to Insure the continued historic 
values administered by the proper local authority, your 
objectives on page 1-2 states "The objectives of the proposed 
action are to help preserve and protect a segment of a 
locally recognized historic site and to resolve the existing 
unauthorized occupancy of public lands within Silver City," 
But the past record hardly shows that we home owners need 
an agency to protect our homes from ourselves. 



ftLft 



tl&Zg^ 



Joe Nettleton 
Murphy, Idaho 
83650 



9-43 



APPENDIX A 



METHODOLOGY USED IN 
ESTIMATING LEASE RENTAL 



On August 18, and 19, 1977, a brief market search was con- 
ducted. Following is a brief summary of the information obtained. 

State of Idaho (Scribner) 
Payette Lake area 

Homesite lots lease at 5% to 8% of fee value 
Frontage on lake @ $459/year (80' x 200') 

Fee value calculates to $5, 737-$9, 180 
Back lots @ $274/year (100' x 150') 
Fee calculates to $3,425-$5 ,480 

Owyhee County (Bachman) 
Murphy Hot Springs 

Estimate 206 lots, 143 sold, 10 year market 

River frontage lots average 30-60' wide, 60-80' deep 

Selling price averages $3,000-$4,000 per lot 
Back lots average 40-50' wide, 100-200' deep 
Selling price averages $2,000-$3,000 per lot 

Elmore County 

Featherville Area 
North of town 
River frontage, 75-100' wide x 150-350' deep 
63 lots sold at $5,000-$7,000 each 
Trinity #1 Subdivision 
River frontage, 100' wide x 150' deep 
Back lots, 100-150' wide x 100-200' deep 
36 lots sold $4,000-$7,000 each 
1 back lot 1977 sale @ $5,000 
Featherville Acres (new subdivision) 
65 back lots, prices unknown 

Camas County (Ballard, Gill) 
Camas Creek Subdivision 

22 lots, + 5 acres each 

$3,000-$3,500 per lot, no sales 
Soldier Mtn. Ski Area 

15 lots, 2 to 5 acres @ ± $2,000/acre 

One 1976 sale, 2 acres @ $7,000 



A-l 



Blaine County (Nicholson) 
Magic Reservoir Area 
West Side 
Back lots, 50 x 80', $l,500/lot 
Near reservoir, slightly larger, $2,500/lot 
East Side 
Back lot leases 
One 30 x 50' $300/year offered for sale @ $2,000 (15%) 
One 25 x 50' $150/year no utilities 
Stanley Basin Area 

Before inflation, 80 x 150' lot @ $2,500/lot 
After inflation, same lots $10,000-$12, 000 

The information obtained in the brief, two-day search indicates 
a wide range of values for a wide variety of recreational/seasonal 
homesites. Because lease comparables were expected to be limited, 
fee values were also noted in anticipation of considering a percentage 
of fee as an alternate approach to estimating rental values. There 
are no known areas in Idaho (or anywhere else) which are closely 
comparable to the Silver City area. Therefore, no direct comparison 
can be made. Adjustments for size, location, access, amenities, 
lease requirements, restrictions, conditions, etc., would have to 
be carefully considered. 

Considering the brief information collected above, it appears 
that sites are leasing from $150 (Magic Reservoir) to $459 (Payette 
Lake) annually. Fee values range from $1,500 to about $7,000 per 
site. Arbitrarily selecting a use rate of, say, eight percent of 
fee value, the annual rental estimate indicated from fee values are 
from $120 to $560. Rentals would vary depending on the size and 
location of the lots. It appears that a typical residential lot 
would lease wihtin a range of $150 to $250 annually or, say, $15 to 
$20 per month. A larger "downtown" lot would be somewhat higher. 



A- 2 






f! 



APPENDIX B 



SILVER CITY AREA 
ZONING ORDINANCE 



AH ORDINANCE RELATING TO THE PRESERVATION OF HISTORIC 
PROPERTIES I« SILVER CITY, OWflfiSE COUNTY, STATE OF IUAHOi 
nSPIKIMG CERTAIN BERKS, PROVIDING FOR SPECIAL USE DISTRICTS j 
PROVIDING FOR TIE PRESERVATION AND NON-DESTRUCTION OF HISTORIC 
PROPERTIES j PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPLICA- 
TIONS FOR CERTIFICATES OF APPROPRIATE t IESS ; PROVIDING FOE 
CONTINUANCE OF EXISTING USES j PROVIDING FOR MAINTENANCE AND 
REPAIR OF STRUCTURES; PROVIDING FOR GUIDELINES, PROVIDING 
FOR APPEALS; PROVIDING FOR AMENDING PROCEDURES; PROVIDING 
FOR VARIANCES, PROVIDING FOR INTERPRETATION; FEES , SEVERABILITY 
AND EMERGENCY. 

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, COUNTY 
OF OWYHEE, STATS OF IDAHO, 

Section li Purpose » For the purpose of promoting the historic, 
educational, cultural, economic and general welfare of the people 
through the preservation, restoration and protection of buildings, 
structures and appurtenances, sites, places and elements of historic 
interest within the area of the City of Silver City, County of Owyhee, 
State of Idaho, an Historic Restoration and Preservation Zone and map 
describing the, boundaries of said zone is hereby established and 
adopted by the Board of County Commissioners, County of Owyhee, 
State of Idaho. 

Section 2: Title ; This ordinance may be known and may be 
cited as the Silver City Area Zoning Ordinance, and shall become 
effective Ik August, 1975« 

Section 3« Designated Areas , State of Idaho, County of Owyhee: 
A. Silver City Townsite, All in Section 6, T5S R3 WBH* 

SWi of the mi of the SEi of the HB$ 

S£ of the HWi of the S£~ of the W&t 

W| of the SE|- of the SE£ of the NE£ 

Stfi of the SEi of the ml 

SE+ of the Ml of the SW~ of the NE* 

W-> of the ml of the NE'j of the Sg£ 

lUl of the SE£ of the NEj of the SE| 

If.}* of the KSj of the SE\ 

I/} of the SW-i of the NEi of the S£$ 



Silver City Area Zoning Ordinance. Page 1, 



B-l 



mi of the NWj of the SE* 

N£ of the SE* of the NW£ of the SE£ 

This parcel of land shall be withdrawn for the Silver 

City Townsite subject to an official survey. The 

permanent boundary of the Townsite shall be only the 

land required to include the buildings and homes of 

Silver City. All the land of this parcel that is 

outside the established boundary will be excluded from 

the Silver City Townsite. 

That part of the patented Tip Top Mill site Survey 

1303B contained within this parcel shall be excluded 

from the Silver city Townsite. The parts of other 

patented ground shall also be excluded from the 

Townsite. Map attached marked Exhibit "A". 

B. From Silver City one-half mile out. 
1. Legal description needed. 

C. One-half to one mile out. 

1. Legal description needed. 
Section ki Definitions ; For purpose of this ordinance, 
certain terms and words are hereby defined; words used in the present 
tense shall include the future 1 words used in the singular number 
shall include the plural number, and the plural the singular; the 
word "building" shall include the word "structure"; and the word 
"lot" shall include the word "plot;', and the word "shall" is mandatory 
and not directory. 

Acreage: Any tract or parcel of land .which has not been 
subdivided and platted. 

Buildingi Any structure having a roof supported by columns, 
or walls, and designed or intended for shelter, support, enclosure or 
protection of persons, animals or chattels. 



Silver City Area Zoning Ordinance, Page 2. b-2 



V 



General usesi Tha following usas of land or structur-3, 
or both, are permitted within the zoning area, in addition to those 
provisions of Section Twelve (12). 

A. Parking area, publics 

B. Picnic area, public j 

C. Public utilitiy facilities, i.e. water tanks, pipes, 
utility poles, and similar facilities. 

D. Public safety facilities, i.e. fire protection and 
medical assistance. 

E. Private storage facilities of reasonable size to 
store substances which constitute an obvious safety hazard, i.e. 
flaraable liquids and blasting materials. 

Special usess Those uses which are not general uses as 
provided for in Section Twelve (12) . 

Dwelling! A building or portion thereof* designed 
exclusively for. residential occupancy, but not including hotels 
or boarding and lodging houses. 

Lot» A parcel of land occupied or suitable for occupancy 
by one main building or use, with accessory buildings. 

Original appearance i The external appearance of the 

building on August 1^, 1975- 

Parking area, private i An open area for the parking of 
privately owned motor driven vehicles and not for public use. 

Parking area, public j An open area, other than street, 
used for the temporary parking of more than four vehicles and avail- 
able for public use whether free, for compensation, or as an 
accommodation for clients and customers. 

Signs, outdoor advertising* Any card, cloth, paper, 
painted, plastic* glass, wooden, plaster, stone or other sign of 
any kind or character whatsoever, placed for outdoor advertising 



Silver City Area Zoning Ordinance, Page 3. 

B-3 



purposes on the ground or any tree, wall, bush, rock, post, fenc , 
building, structure or thing whatsoever. The term "placed" as used 
in the definition of "outdoor advertising sign" and "outdoor adver- 
tising structure" shall include erecting, constructing, posting, 
painting, printing, tacking, nailing, glueing, sticking, carving or 
other fastening, affixing or making visible in any manner whatsoever 

Structural alterations i Any change which would prolong 
the life of the supporting members of a building or structure, such 
as bfearing walls, columns, beams or girders. 

Structure! Anything constructed or erected, which requires 
location on the ground or attached to something having location on 
the ground. 

Trailer, automobiles A vehicle without motive power, 
designed to be drawn by a motor vehicle and to be used for human 
habitation or for carrying persons or property, including a trailer 
coach or trailer house. 

Use i The purpose for which land or a building therein 
is designed, arranged, or intended, or for which it is occupied or 
maintained, let or leased. 

Yardi An open space on the same lot with a main building, 
unoccupied and unobstructed from the ground upward, except as other- 
wise provided in this ordinance. 

Section 5» Use districts * The zone shall be utilized for 
such uses a3 are necessary to accommodate! 

R3. . residential and business uses 

CU...... ................... community use uses 

E# • • • • mining uses 

Section 6t Regulation i Approval reouired, Areas affected t 

A. No trees shall be removed and no building or structure 
to be used for a residence, business or storage building, including 



Silver City Area Zoning Ordinance, Page k, 

B-4 



the walla thereof, appurtenant fence3, stops, porches, and pavin r, 
shall be erected, reconstructed, altered, restored, painted, moved In 
or out or demolished within the Historic Preservation Zone, and no 
sign, light, fences, walls or other appurtenant fixtures hereafter 
called appurtenant fixtures, shall "be erected or displayed within 
the zone on any lot or that is visible from the exterior of any 
building or structure, located within said zone, unless an applica- 
tion for a certificate Of appropriateness shall have been approved 
by the Planning and. Zoning Commission. The above mentioned certifi- 
cate shall be required only on those acts which are of a major or 
significant change historically. 

All plans, elevations, colors, materials, textures, 
landscaping and such other information deemed necessary by the 
commission to determine the appropriateness of the exterior features, 
buildings, or structures, placed on property within said zone, shall 
be made available to it by the applicant. 

B. Future road and stream development policy : Roadway 
development shall conform to the historic heritage of the community 

area. 

C. Side walk a » 

D. Road and street signing; and lighting : Street sign3 
and lettering shall be rustic in nature and of materials either of 
weathered wood or of materials that simulate weathered wood appearance, 
Sign lettering should be similar to the period and may be painted or 
routed in wood. Street lighting fixtures should be traditional. 
Materials of lettering, accessory outdoor advertising signs, shall 

be visibly compatible with the historical period. 

E. Conservat3on of Existing; Trees and Shrubs and Other 
Landscaping : Retention of the trees and shrubs presently on the 
site is encouraged. Trees and shrubs selected for addition to the 
historic zone should be either natives or indigenous to the area 



Silver City Area Zoning Ordinance, Page 5. 



B-5 



and/ " trees and shrubs typical of those introduced especially 
during: the period of the late 19th Century. 

F, Weed and Rubbish Abatement ! County codes as to fire 
shall Tae complied with in all respects and especially pertain to 
requirements of removal of dry grass, weeds, dead brush, etc. 

G - Safety * If the Planning and Zoning Commission certi- 
fies that a building is unsafe because of " its present condition, it 
may be demolished, restored or removed. 

H. Mobile .Horaes or Temporary Structures ; Ho residential 
occupancy shall, be permitted in mobile homes, garages or temporary 
structures as this would be incompatible v/ith the historic and 
archaeological character of this zone. 

I. The Planning and Zoning Commission shall review all 
plans submitted to it and shall approve those which are in conformity 
with the historic Silver City area. atmosphere as prevailed on 
August Ik, 197 5 i and are wood grained or red brick construction and 
said exteriors are facing the streets included within the said zone, 
and which nay be painted or unpainted, and in general, exterior 
appearances do not have any adornments, lettering, signs, or other 
devices that would be utterly inconsistent with Old Silver City 
atmosphere, which this ordinance attempts to perpetuate; and further- 
more there shall be no illuminated lighting of signs. 

J. Maintenance and repair ! .Nothing in this regulation 
shall be construed to prevent th9 ordinary maintenance or repair of 
any exterior feature of a building or property that does not involve 
a change in design, building material, or outer appearance thereof 
which is not inconsistent v/ith the historic atmosphere of Silver 
City, nor to prevent the construction, reconstruction, alteration, 
demolition or removal of any such feature when such is required for 
the public safety because of unsafe or dangerous conditions, or for 
structural preservation. 



Silver City Area Zoning Ordinance, Page 6. B-6 



K. Co ntlnup.nca of existing U3ea i Nothing in this otrlin- 
ance shall prevent the continuance of present occupancy or lawful 
use of any existing building, except as may be necessary for cafe by 
of life and property. 

L, "R3 residential-business use i The following regula- 
tions shall apply* 

1. Use regulations! permitted uses are subject to 

review of County Planning Commission. 

a. Buildings in existence at the time of the 
enactment of the ordinance, except those under destruction orders 
from the Federal Government. 

b. Special usesi Subject to the provisions 

of Section Twelve (12). 

c. Truck gardening and other horticultural uses, 
where no building is involved, and not operated for profit. 

d. Temporary buildings and uses for construction 
purposes for a period not to exceed one year. 

e. Automobile parking space. 

f . Road acce.ss which existed prior to issuance 

of townsite patent. 

g. Uses customarily incident to any of the above 

listed uses. 

2» Exterior changes to buildingsi The exterior of 
a building shall not ba added to, remodeled or otherwise altered in 
such a way as to cause the outside appearance to differ from the 
original appearance of the same building as it is on August Ik,- 1975* 
except as provided for in Section 6, sub-section J. 

3. Construction of new buildings » Construction or 
reconstruction of 'buildings which did not exist on August 1**, 1975. 
shall be prohibited, except as prescribed in Section Twelve (12), 
covering special uses. 



Silver City Area Zoning Ordinance, Fage ?. 



B-7 



h. Demolition of buildings* Demolition or remo . al 
of buildings, except in instances where such action is deemed neces- 
sary for the public safety, shall be prohibited. 

M. "CU" community use use i The following regulations 
shall apply « 

1, Use regulations i permitted uses arei 

a. Special uses: Subject to the provisions of 
Section Twelve (12) . 

b. Temporary buildings and uses for construction 
purposes for a period not to exceed one (1) year. 

c. Public parking areas. 

d. Public picnic areas. 

e. Public utility facilities. 

f. Public safety facilities. 

g. Public health facilities, 
h. Recreation areas. 

2. Other regulations* The same restrictions, not 
including uses, shall pertain to "CU" uses as pertain to "RB" uses. 

K. "K" mining use » The following regulations shall 
apply > 

1. Use regulations* Permitted uses are* 

a. Activities allowed under the Kining Act of 10?2, 
or aa amended. 

2. Building construction! Buildings allowable under 
the Mining Act of 1872 shall conform to the historic heritage of the 
community. 

0. Application for a certificate of appropriateness shall 
be filed by the applicant with the County Clerk, and upon the filing 
of such applications, the County Clerk shall set the same at the next 
regular meeting of the Commission, which shall be more than four (k) 



Silver City Area Zoning Ordinance, Page 8. 



days af tar the filing of .the application and shall give public totica 
of the pendency of said application, and of the hearing date thereon 
by posting a notice in two conspicuous places in Silver City, and in 
a conspicuous place at various locations around the County, not less 
than two (2) days prior to said meeting, stating the nana of the 
applicant, the subject of the application, and the date upon which 
the same will be heard by the Commission.- At the hearing upon such 
application, the Commission shall hear all oral testimony and evidence 
in support and against such application that may be offered and there- 
upon determine either that the subject of the application is or is 
not appropriate, within the meaning of this ordinance, provided, 
however, that with the consent of the applicant, the Commission nay 
defer final determination of the application until its next regular 
meeting. The Commission shall enter in its minutes the reasons for 
its determination upon any application for a certificate of appropri- 
ateness and such records shall be open to the public's inspection at 
all reasonable times. 

GUIDELINES > FINDINGS^ Before imposing any require- 
ments or disapproving any proposed project hereunder, the Planning and 
Zoning Commission must first ascertain and find that the existing 
structure or facility or the' proposed structure or facility, or the 
proposed alteration or restoration of such facility, is of such 
design, permanence, purpose or historical value that it needs pro- 
tection under the guidelines heretofore mentioned. Unless the Com- 
mission so finds, or further finds, that the design or exterior 
appearance of the proposed structural change is so different as to 
detrimentally affect the public interests above outlined, it shall 
forthwith approve the proposal. If the Commission finds, however, 
that the proposed construction or change is so different than the 
existing structure or facility that it will adversely affect the 



Silver City Area Zoning Ordinance, Page 9. 



B-9 



public interests above described, it shall either disapprove th 
application, or approve it with such minimal conditions as it finds 
may remove the ^objection. If it finds that it must disapprove or 
impose conditions, the Commission must make findings which are 
sufficient to support the disapproval or the conditions imposed, 
and which recite the facts on which the order was based. 

Section 7* Anpgals t Appeals from the Planning and Zoning 
Commission decision must be made in writing to the County Clerk's 
Office by the party involved, detailing his grounds for appeal to 
the County Commissioners of Owyhee County. Upon receiving Notice 
of Appeal, from the said person, the Chairman of the Board of County 
Commissioners shall set a date for. hearing, giving notice to all 
interested parties at least one (1) v/eek in advance of said hearing. 
At the hearing, the Board of County Commissioners shall consider 
testimony, including that of the applicant, and the Planning and 
Zoning Commission, directed solely to the point of whether or not 
the intended structure, alteration, repair, renovation, remodeling 
or appurtenant fixtures, etc., would or would not violate this 
ordinance. The Board of County Commissioners shall either affirm 
the original decision of the Planning and Zoning Commission, or 
disaffirm it by a majority vote and so render a written opinion in 
either case. In the event the Board of County Commissioners dis- 
affirms the original decision of the Planning and Zoning Commission, 
the applicant will then be permitted to proceed with his intended 
plans. 

Section 8. Amending Procedures » 

A. The Planning and Zoning Commission, prior to recommend- 
ing amendment or repeal of the ordinance to the Board of County 
Commissioners, Owyhee County, Idaho, shall conduct at least one (1) 
public hearing in which interested persons shall have an opportunity 



Silver City Area Zoning Ordinance, Page 10. 

B-10 



to be hoard. At least fifteen (15) day3 prior to the hearing, 
notice of the tine and place and a nummary of the plan to be din- 
BUiioad shall bs published in the official newspaper or paper of 
general circulation within the jurisdiction. The commission may 
also jaafco available notice to other papers, radio and television 
stations serving the jurisdiction for use as a public service announce- 
ment. Following the commission hearing, if the commission makes a 
material change in the ordinance, further notice and hearing shall 
be provided before the commission forwards the ordinance with its 
recommendation to the Board of County Commissioners, Owyhee County, 
Idaho, A record of the hearings, findings made, and actions taken 
shall be maintained. 

B. The Board of County Commissioners, Owyhee County, 
Idaho, prior to amendment or repeal of the ordinance, shall conduct 
at least one (1) public hearing using the same notice and hearing 
procedures as the commission. The Board of County Commissioners, 
Owyhee County, Idaho, shall not hold a public hearing, give notice 

of a proposed hearing, nor take action upon the ordinance, amendments, 
or repeal until recommendations, have been received from the commis- 
sion. Following the hearing of the Board of County Commissioners, 
Owyhee County, Idaho, if the Board of County Commissioners, Owyhee 
County, Idaho, makes a material change in the ordinance, further notice 
and hearing shall be provided before the Board of County Commissioners, 
Owyhee County, Idaho, adopts, the ordinance 

C. Any person may petition the commission or, in absence 
of a commission, the Board of County Commissioners, Owyhee County, 
Idaho, for an ordinance amendment at any time. The Commission may 
recommend amendments to the ordinance to the Board of County Com- 
missioners, Owyhee County, Idaho, not more frequently than every 
six (6) months to correct errors in the original ordinance or to 
recognise substantial changes in the actual conditions in the area. 



B— 11 
Silver City Area Zoning Ordinance, Page 11. 



Section 9. Other Rcsnonsibilitios rind Put'uut of thj Co ir ■■ l.Tjlgnt 

A. All members Bhall serve without compensation. 

B. Anv nember who has a financial interost in any natter 
being considered by the consnission shall disqualify himself from 
voting on such matter. 

C. The Commission may adopt rules and reflations not 
inconsistent with the intent and purpose of this ordinance, or with 
any of its sections, and may accept appropriations and use technical 
advisors and/or consultants, however, the Commission may not incur 
the indebtedness of the County of Owyhee, without prior consent of 
the Board of County Commissioners of said County. 

D. The Commission may from time to time prepare informa- 
tional materials for the purpose of assisting people and property 
owners in conforming to the intent and purpose of this ordinance. 

E. In the event the Planning and Zoning Commission 
rejects a certificate of appropriateness, it must provide reasons 
and recommendations as to needed alterations which the applicant 
may consider. 

Section 10. Variances ^ The Planning and Zoning Commission 
shall herein decide all applications for variance from the standards 
promulgated in this ordinance. The Board of County Commissioners of 
Owyhee County, Idaho, shall provide as part of the zoning ordinance 
for the processing of applications for variance permits. A variance 
is a modification of the requirements of the ordinance as to lot size, 
lot coverage, width, depth, front yard, side yard, rear yard, setbacks, 
parking space, height of buildings, historical character, or other 
ordinance provision affecting the size or shape of a structure or 
the placement of the structure upon lots, or the size of lot3. A 
variance shall not be considered a right or special privilege, but 
nay be granted to an applicant only upon a showing of undue hardship 



Silver City Area Zoning Ordinance, Page 12. B _ 12 



& ■; 

% ! 
I 

■ because of characteristics of the site and that the variance is not 

in conflict with the public interest. Prior to granting a variance, 
notice and an opportunity to be heard shall be provided to Droperty 
owners adioining the parcel under consideration. 

Section 11. Violation and Enforcement t 

I 
":'] A. Any violation of this ordinance shall be a misdemeanor. 



I 



B. Any violation constituting a mis demeanor shall be a 
continuing, misdemeanor and each day it is in existence shall consti- 
tute a separate offense under this ordinance. The maximum fine for 
violation of this ordinance shall be ONE HUNDRED AND NO/100 ($100.00) 



... I 



!; 



DOLLARS a day. 

C. The County of Owyhee shall have the authority to 
prevent the violation of this ordinance through the injunfction pro- 
cedure as said procedure is set out in th« Idaho Code, and said 
right to an injunction shall not be construed in any way to prejudice 

any action which the County of Owyhee may have against the same person 

I | 

for violation of this ordinance as a misdemeanor. 

\. I 

Section 12. Special uses * Applications for special uses, 
■ 

as defined in this ordinance, shall "be considered at a public hearing 
■ 

before the County Planning Commission, pursuant to requirements of 

this ordinance. Said Planning Commission shall make its findings of 
fact and recommendation within thirty (30) days after the public 
hearing. The Planning and Zoning Commission shall herein decide 
all applications for special uses from the standards promulgated in 
this ordinance j as part of a zoning ordinance each Board of County 
Commissioners, Owyhee County, Idaho, may provide by ordinance, 
adopted, amended or repealed in accordance with the notice and 
hearing procedures provided under Section 67-6509. Idaho Code, for 
the processing of applications for special or conditional vise permits. 
A special use permit may be granted to an applicant if the proposed 



Silver City Area Zoning Ordinance, Page 13. 

B-13 



use ia otherwise prohibited by the terms of the ordinance, but n iy 
be allowed with conditions under specific provisions of the ordinance 
and when it is not in conflict with the ordinance. 

Prior to granting a special use permit, at least 
one (1) public hearing in which interested persons shall have an 
opportunity to be heard shall be held. At least fifteen (15) days 
prior to the hearing, notice of the tine and place, and a aur&arv 
of the proposal shall be published in the official newspaper or 
paper of general circulation v/ithin the jurisdiction, notice may 
also be made available to otner newspapers, radio and television 
stations serving the jurisdiction for use as a public service 
announcement. Notice shall also be provided to property , owners and 
residents within the land being considered, threw nundred (300) feet 
of the external boundaries of the land being considered, and any 
additional area that may be substantially Impacted by the proposed 
special use as determined by the commission. When notice is required 
to two hundred (200) or more property owners or residents, alternate 
forms of procedures which would provide adequate notice may be 
provided by local ordinance in lieu of mailed notice. 

Upon the granting of a special use permit, conditions 
may be attached to a special use permit including, but not limited 
to, thosei 

A. Minimizing adverse impact on other development; 

B. Controlling the sequence and timing of development; 

C. Controlling the duration of development} 

D. Assuring that development is maintained properly; 

E. Designating the exact location and nature of development; 

F. Requiring the provision for on-site or off-site facili- 
ties or services'; 



Silver City Area Zoning Ordinance, Pago 14. 

B-14 



■r 
IB 

I 

l 

■ 



Prior to ,'>Tarttlng a special use perait, studios r.ay 
be required of the social, economic, fiscal, and environmental 
effects of the proposed special use. A special use permit shall not 
•be considered as establishing a binding precedent to rront other 
special use permits. A special usa permit is not transferable 
from one parcel of land to another. 

The Cormission may recommend such restrictions as 
may he reasonable under the circumstances, provided that such re- 
strictions shall not be more restrictive than the requirements 
established for the district in which such structure is proposed 
to be located. 

Section 13. Interpretations 1 Purpose and conflict : In 
interpreting and applying the provisions of this ordinance, they 
shall be held to be the minimum requirements for the promotion of 
public safety, health, convenience, comfort, prosperity and general 
welfare. It is not intended by this ordinance to interfere with, 
abrogate, annul or repeal any ordinance, rules, regulations, pre- 
viously adopted and not in conflict with any of. the provisions of 
this Ordinance or which shall be adopted", pursuant to the lav/ re- 
lating to the use of buildings or premises, nor is it intended by 
this Ordinance to interfere with or aorogate or annul any easements, 
covenants, or other agreements between parties, except where this 
ordinance imposes a greater restriction upon the use of buildings 
or requires larger open spaces than are imposed or required by such 
other ordinances or such easements, covenants or other agreements, 
the provisions of this ordinance shall control. 

Section Ik. Fees* "Fees pertaining to petitions for zoning 
amendments, certificates af appropriateness, variations and for 
appeals, snail be established by action of the County Commissioners 
froq time to time. Such fees shall be paid to *he County Clerk, who 
will give a receipt therefore. 



S:!.!*®? City Area Zoning Ordinance, Page X5r 



B-X5 



Section 15. Severability ! If any of the sections of ti.is 
ordinance are declared invalid, the remaining sections will remain 
in effect. 

Section 16. Emer-rrency : An emergency existing therefore, 
which emergency is hereby declared to exist, this ordinance shall 
take effect and be in force from arid after its passage and approval. 

ADOPTED AND APPROVED by the Board of County Commissioners 
of Owyhee County, State of Idaho, this 14 th day of August, I975. 

APPROVED! 



Chairman 



Commissioner 
ATTEST: Commissioner 



Owyhee County Clerk 



SSltftr Sltv Araa .Zoning Ordinance 9 Fag® 16 and final:.. *^ 



APPENDIX C 



SILVER CITY BUILDINGS 



...... ... ... .... . . 



■ 

........ 



APPENDIX C 
SILVER CITY BUILDINGS 



O 

I 



Block 


Lot 
No. 


Date 
Constructed 


Purpose of 
Construction 


Use 


Taxpayer** 


Historical 


No. 


1903 


1931 


1951 


1977 


Significance 


1 


11 


ca 1866* 


Dwelling* 


Dwelling* 


Dwelling 


Dwelling 


Dwelling 


Donald Reich 


Primary 




12 


ca 1873 


Dwelling* 


Dwelling* 


Dwelling 


Dwelling 


Dwelling 


Grete Estate 


Primary 




16 


ca 1870 


Store* 


Tele Office 
& Lodgings 


IOOF Lodge & 
K. of Pythias 


IOOF Lodge & 
K. of Pythias 


IOOF Lodge 


IOOF Lodge 


Primary 




24 


1899* 


Drug Store & 
Post Office 


Drug Store & 
Post Office 


Vacant 


Vacant 


Dwelling 


Walt Adams 


Primary 




25 


1896 


Confectionary 


Jewelry* 


Vacant 


Vacant 


Gift Shop 


Bob Leonard 


Primary 




25ht 


ca 1872 


Dwelling 


Dwelling 


Vacant 


Vacant 


Rebuilt Con- 
temp. Dwelling 


Robert O'Malley 


Secondary 




5Qh 


ca 1895 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Mary Hanson 


Secondary 




51 


ca 1896 


Storage 
Garage 


Storage 
Garage 


Storage 
Garage 


Storage 
Garage 


Dwelling 


Richard Albertine 


Secondary 




53 


ca 1878 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Paul Sligar 


Secondary 




54 


ca 1887* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Harold Statham 


Secondary 




58 


ca 1893* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Wilma Statham 


Secondary 




62 


1868 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Daryl Taque 


Secondary 




624 


ca 1854 


Storage 
Shed* 


Storage 
Shed* 


Storage 
Shed* 


Storage 
Shed* 


Dwelling 


Robert Leonard 


Secondary 




65 


ca 1866* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dick Jayo 


Secondary 




71 


1897* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Ned Williams 


Secondary 


2 


5 


ca 1876 


Blacksmith 
Shop 


Machinery 
Storage 


Machinery 
Storage 


Vacant 


Storage 


Phil Cramer 


Secondary 




11 


1894* 


Hotel Annex 


Hotel Annex 


Hotel Annex 


Dwelling 


Dwelling 


Alma Cram 


Primary 




13 


1873 


Avalanche 
Building* 


County 
Offices 


County 
Offices 


Bar and 
Dwelling* 


Dwelling 


Paul Nettleton 


Primary 



* Information prov 
** Taxpayers as of 



ided by Mrs . 
July 1, 1977 



Wilma Statham on June 13, 1978 



SSBBaHHUMI 



APPENDIX C (continued) 



O 
I 



Block 


L 3 1 


Dale 
Constructed 


Purpose off 
Construction 


Use 


T.nxraver** 


Historical 




1903 


1931 


1951 


1977 




2 


31 


1870s* 


Llpplncott Bdg 
Dr's Office 


Dr's Office & 
Dwelling 


Vacant* 


Vacant 
Dwelling 


Dwelling 


S. A. Swayne 






31*5 


1896 


Pharmacy 


Pharmacy 


Pharmacy 


Primary 


3 


14 


ca 1867 


Dwelling 


Dwelling 


Rebuilt 
Dwelling 


Dwelling 


Shed 


Joseph A. Bennett 


Secondary 




84 


1865 


Barber Shop & 
Bath House 


Barber Shop 


Dwelling 


Dwelling 


Dwelling 


Fred Foster 


Primary 




85 


ca 1865 


General Store 
& Dwelling 


Dwelling 


Dwelling 


General Store 
& Dwelling 


Dwelling 


Fred Foster 


Primary 




86 & 87 


ca 1865 


Butcher Shop 


Butcher Shop 


Meat Market 


Vacant 


Dwelling 


Clarence Orton, Sr. 


Primary 




91 


ca 1872 


Furniture 
Store 


Furniture 
Store 


Merchants 
Garage 


Vacant 


Storage 


Leonard Family 
Estate 


Secondary 




101>5 


ca 1872 


Restaurant 


Dwelling 


Post Office 


Dwelling 


Dwelling 


Karl Laible 


Secondary 


4 


67 


ca 1869 


Saloon 


Storage 


Vacant 


Dwelling 


Dwelling 


Walt Adams 






68 


ca 1869 


Assay Office 


Brothel 


Vacant 


Primary 




68!i 


ca 1870 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Emaline Nettleton 


Secondary 




74% 


1869 


Masonic Lodge 
& Planing Mill 


Masonic Hall 


Masonic Hall 


Masonic Hall 


Masonic Hall 


Masonic Hall 


Primary 




75 


1867 


Hardware 
Store 


Hardware 
Store 


Printing Off. 
& Dwelling 


Printing Off. 
& Dwelling 


Dwelling 


Keith Chadwick 






76 


1867 


General 
Store 


Dwelling 


Storage 


Vacant 


Primary 




78-80 


1866 


Idaho Hotel 


Hotel 


Hotel 


Hotel 


Dwelling & 
Business 


Ed Jagels 


Primary 




81 


1889- 
1892 


Hotel Rooms 


Hotel Rooms 


Lodgings 


Vacant 


Dwelling 


Elwyn Larson 


Primary 




84 


1875 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Martin Peterson 


Primary 


5 


2 


ca 1872 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


John Burke 


Secondary 




3 


ca 1867 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Roy Hoagland 


Secondary 




4 


ca 1892 


School 


School 


School 


Vacant 


Museum. 


Melba School 
District 


Prim'ary 




4*5 


1873 


School Out 
Building 


School Out 
Building 


School Out 
Building 


Vacant 


Out Building 


Melba School 
District 


Secondary 



* Information provided by Mrs. Wilma Statham on June 13, 1978 
** Taxpayers as of July 1, 1977 



APPENDIX C (continued) 






BXocV. 

No . 


i,-it 
So . 

5 


Dite 
Constructed 

1866 


Purpose of 
Construction 

Dwelling 


1903 
Dwelling 


Use 
1931 

Dwelling 


1951 
Dwelling 


1977 
Dwelling 


Tnxpaver** 
Loren Frederickson 


Historical 
Sisnif icsr :e 

Secondary 




5*5 


ca 1868 


Shed 


Shed 


Vacant 


Vacant 


Dwelling 


Loren Frederickson 


Secondary 




6 


ca 1898 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Norris Stimpson 


Secondary 




Ws 


ca 1900 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Phil Cramer 


Secondary 




Ms 


ca 1872 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


S. A. Swayne 


Secondary 




9 


1870 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


John Rogge 


Primary 




10 


1873 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Sandra Coverly 


Secondary 




12 


ca 1890s* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Clyde Snell 


Secondary 


6 


204 


ca 1897 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


H. Nettleton 


Secondary 


7 


284 


ca 1890 


Storage 


Storage 


Vacant 


Storage 


Rebuilt 
Dwelling 


Terrance 
Hasselbring 


Secondary 




31 


1867 


Ice House 


Ice House 


Vacant 


Storage 


Dwelling 


Clarence Orton, Jr. 


Primary 








32 


ca 1870 


Office 


Office 


Dwelling 


Dwelling 


Secondary 




40 


ca 1896* 


Store 


Store 


Dwelling 


Dwelling 


Dwelling 


Dona Id 
Hasselbring 


Secondary 




42 


ca 1896* 


Moe's Jewelry 


Jewelry 
Store 


Dwelling 


Dwelling 


Dwelling 


Donald Reich 


Secondary 




43 


ca 1896* 


Undertaker 


Undertaker 
Hotel Rooms 


Vacant 


Vacant 


Dwelling 


Cecil Wood 


Secondary 




46 


ca 1870 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


David Clark 


Secondary 




55 


ca 1890* 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Keith Chadwick 


Secondary 


8&9 


None 


















10 


14 


ca 1870 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Kenneth Downing 


Secondary 




17 


ca 1893 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


John Yoder 


Secondary 



Information provided by Mrs. Wilma Statham on June 13, 1978 
** Taxpayers as of July 1, 1977 



APPENDIX C (continued) 






nick 


LJt 

No * 

20 


Date 
CotiFtr'JCtod 

ca 1892 


Purpose of 
_ C- n;;t rue ti on 

Dwelling 


1903 
Dwelling 


Us 
1931 

Dwelling 




1951 
Dwelling 


1977 
Dwelling 


Tax paver** 

Richard 
Birmingham 


Historical 
Significance 

Secondary 




221s 


ca 1889 


Storage 
Building 


Storage 
Building 


Storage 
Building 


Storage 
Building 


Storage 
Building 


William Hauck 


Secondary 




24 


ca 1868 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


J. Nettleton 


Secondary 




25 & 26 


ca 1868 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Alice L. 
Van Atta 


Secondary 




35 


ca 1865 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Dwelling 


Mary Koopman 


Secondary 


11 


51 


ca 1870 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Roger Hinton 


Secondary 




52 


ca 1870 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Harold Curt 


Secondary 




53 


ca 1868 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Grete Estate 


Secondary 




54 


ca 1890 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Gertrude Peer 


Secondary 




55 


1864-65 


Dwelling 1/ 


Beyond Limits of Sanborn Map 


Dwelling 


Douglas Hyslop 


Primary 




57 


ca 1872 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Eleanor Beaman 


Secondary 




58 


ca 1890 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Shirley Brown 


Secondary 




59 


1898 


Church 


Episcopal 
Church 


Catholic* 
Church 


Catholic 
Church 


Catholic 
Church 


St. Marks 
R.C. Church 


Primary 




60 


ca 1899 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Joan Grogan 


Secondary 




61 


ca 1874 


Dwelling 


Beyond Limits of Sanborn Map 


Dwelling 


Nick Ihli 


Secondary 



* Information provided by Mrs. Wilma Statham 

** Taxpayers as of July 1, 1978 

1/ Miner's Union Hospital 1897-1899 



r 



: 



APPENDIX D 



METHODOLOGY USED IN 

ASSESSING THE 

ARCHAEOLOGICAL RESOURCE 



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The following is a summary of the procedures and methods used 
by Dr. Roderick Sprague in assessing the historic archaeological 
resource of the ES study area. 
Archaeological Testing at Silver City, Idaho . 

After an extensive search of library and archival sources to 
gain background information (see Sprague, 1977:1), field work was 
performed on site. A lot-by-lot ground evaluation was done by 
using a map prepared by William B. McCroskey. Each lot within the 
11 blocks was given a careful surface survey for indications of 
archaeological potential. After a detailed ground search, each 
lot was assigned an evaluation code number based on the following 

system: 

= Absolutely no archaeological potential for the 

lot. 

1 = An extremely low potential for historical 

archaeological scientific value. 

2 = An indication of scant surface evidence. 

3 = An indication of a very high potential for both 

scientific data and public interpretation. 

4 = A designation that there is so much surface evi- 

dence in situ that there is a potential for the 
loss of scientific data and interpretive specimens 

5 = Lots that could not adequately be inspected. 
Table D-l shows the results of the surface investigation and 
evaluation. 



D-l 



A total of 260 lots were assigned an evaluation code number. 
Of these, 90 (34.5 percent) were designated to be of primary signi- 
ficance (primary = given numbers of 3 or 4) . Of the 90, 81 (31 
percent) were rated the code number 3, and nine (3.5 percent) were 
rated the code number 4. There were 164 lots (63 percent) designated 
to be of secondary significance (secondary = given numbers of 0, 
1, or 2). The remaining six lots (2.5 percent) were not able to 
receive adequate inspection and were given the code number 5. 

It should be mentioned that a surface survey is, in the majority 
of cases, not a complete assessment of archaeological sites and/or 
their significances. Very often archaeological data is of a sub- 
surface nature and, therefore, not subject to visual inspection. 

After the surface survey and evaluation, a non-random sample 
was devised for archaeological testing. This was done to determine 
the reliability of the surface evaluations. The sample was non- 
random due to the researcher's choice to skew the sample towards 
what he, and others, felt might be the direction of the lower 
evaluation potential. For example, areas said to be of essentially 
no archaeological potential due to extensive disturbance by bottle 
collectors and amateur archaeological dispoilers were included in 
the sample to determine if, indeed, there was any scientific poten- 
tial left to such areas. 



D-2 



T3EEE D-L 



TABLE OF SURFACE EVALUATIONS 



Total No. of 
Lets Assigned 



260 



Block Evaluation | Total No. of Percent of Percent of 
.,, nn 1 Lota Assigned Block Total Total Assessment 


1 








07. 


0% 




1 


13 


35 


5 




2 


10 


27 


4 




3 


11 


30 


4 




4 


3 


8 


1 




5 













Totals 


37 


100% 


14% 
2 


2 



1 













2 


7 


40 


2 




3 


5 


30 


2 




4 













5 













Totals 


17 


100% 


6% 


3 





d 


15 


2 




1 


16 


47 


6 




2 


3 


15 


2 




3 


5 


15 


2 




4 


1 


3 


1 




5 


2 


5 


1 




Totals 


34 


100% 


13% 


4 





1 


5 


1 




1 


5 


26 


2 




2 


6 


32 


2 




3 


7 


37 






4 













5 











5 


Totals 



19 



100% 



7% 





1 
2 


5 
7 


31 
44 


2 
2 
1 




3 

4 













5 











6 


Totals 



16 



100% 



6% 





1 
2 


6 
6 


38 
38 


2 
2 




3 


4 


25 


2 





5 













Totals 


-^ 


101% 


6% 
5 "~ 


7 



1 



14 


48 


5 




2 


9 


31 


3 




3 


4 


14 


2 




4 


1 


3 


1 




5 


1 


3 


1 




Totals 


29 


99% 


11% 


8 


- 













1 


3 


11 


1 




2 


S 


29 


3 




3 


17 


60 


7 




4 













5 













Totals 


28 


100% 


11% 
1 


9 



1 


4 


15 


2 




2 


5 


19 


2 




3 


13 


50 


5 




4 


2 


8 


1 




5 













Totals 


26 


100% 


10% 


10 




1 


6 


20 


2 




2 


9 


30 


3 




3 


9 


30 


3 




4 


2 


7 


1 




5 


2 


7 


1 




Totals 


30 


101% 


12% 
1 


11 



1 


3 


37 


1 




2 


1 


13 


1 




3 


2 


25 


1 




4 













5 


1 


13 


1 




Totals 


3 


101% 


4% 



Note: 



1. Percentages are rounded to nearest whole percent. 

2. The total no. of lots receiving an assessment (260) 
is not equal to the total no. of known historic 
structures (215). This is due to the somewhat 
differing field techniques of the researchers, 
McCroskey and Sprague. 

D-3 



A table of lot samples was used to help set up a sampling 
system which would provide balance (again, note that the sample 
was skewed towards areas thought to represent lower evaluation 
ratings). The results were as shown in Table D-2 below: 

TABLE D-2 











Block 

No. 


Total of Assigned 
Lots in Block 


Total of 
Blocks Tested 


Percent 
Tested 


1 


37 


4 


11 


2 


17 


3 


18 


3 


34 


3 


9 


4 


19 


3 


16 


5 


16 


2 


13 


6 


16 


3 


19 


7 


29 


3 


10 


8 


28 


3 


11 


9 


26 


3 


12 


10 


30 


3 


10 


*11 


8 








Grand 

Total 

... 


260 


30 


12 



*Block 11 was eliminated because either there were standing 
buildings on the lots or there was no example of the proper 
category of evaluation. 



D-4 



Testing of evaluations by number is shown in Table D-3: 

TABLE D-3 
TABLE OF EVALUATION NUMBERS TESTED 



Evaluation 
No. 


Sum of Lots 
Tested 


Percent of 
Totals 





5 


31% (16) 


1 


7 


9% (75) 


2 


7 


10% (73) 


3. 


7 


9% (81) 


4 


4 


44% ( 9) 


5 


* 


* ( 6) 



Total Number of Lots Assigned = (260) 

*Evaluation Number 5 was eliminated from 
testing as it represents lots not adequately 
inspected. 

The test excavations were three-square-feet test pits excavated 

as deep as the cultural material extended. Test excavation resulted 

in at least six changes of the original evaluation code numbers. 

Of the 30 total archaeological tests, that represents a change in 

twenty percent of the evaluations. The sum of six changes was the 

result of having to raise four (66 percent) evaluation numbers and 

lowering two (33 percent). 



D-5 



APPENDIX E 



PROPOSED COVENANTS 
FOR SILVER CITY 



These proposed covenants are presently being reviewed by the 
Advisory Council on Historic Preservation, Silver City building owners, 
and other interested parties. The covenants are as follows: 

The patentees, their heirs and assigns, in consideration for 
receiving title to this property, agree to maintain and preserve all 
buildings and structures, appurtenant fences, steps and porches, on the 
lot described above so as to preserve the historic character of the 
Silver City Historic District. To preserve this historic character, the 
covenants shall consist of the following: 

A. Except as provided in Section B of these covenants, the exterior 
of any building or structure on this lot shall not be added to, remodeled, 
or otherwise altered in such a way as to cause the outside appearance to 
differ from the appearance of said building or said structure as of 
August 14, 1975, provided that this shall not prevent the ordinary 
maintenance or repair of the exterior features of such building or 
structure that does not involve a change in design, building material, 

or outer appearance thereof which is consistent with the historic 
atmosphere of the building or structure. 

B. No building or structure on this lot may be altered or recon- 
structed or any signs, lights, fences, walls, or other appurtenant 
fixtures or buildings be added until the plans and specifications for 
such have been approved by the Secretary of the Interior or his designee 
as to the quality of workmanship, harmony of exterior design with 
existing structures and as to location with respect to topography and 
finished grade elevation. No building or structure may be demolished or 
removed without the approval of the Secretary of the Interior or his 
designee to insure that the destruction or removal does not damage the 
historic character of the district. 

C. No residential occupancy, either temporarily or permanently, 
shall be permitted in mobile homes, garages, tents, barns, or other 
outbuildings. 

D. In the event of the destruction of any building or structure by 
fire or through any other cause, such debris shall be cleared off such 
lot within 60 days unless such requirement is waived by the Secretary of 
the Interior or his designee upon a finding that the condition of the 
building does not detract from the historic character of the district 
and does not present an unsafe or dangerous condition to surrounding 
buildings or structures. 

E. Archaeological interests present on this lot shall be reserved 
to the United States and shall continue to be protected as provided for 
in applicable Federal statute. 



E-l 



If the patentees or successor in interest do not comply with these 
provisions, the Secretary or his designee, after due notice and in 
accordance with the rules, and regulations promulgated by the Secretary 
to manage the historic properties of Silver City, may take all appro- 
priate actions, including legal proceedings, to insure compliance and 
maintenance of the historic value of this lot. 

By signature of this document, the patentee agrees to accept title 
to this lot with the above mentioned conditions and covenants. 



Patentee 



E-2 



GLOSSARY 

Aesthetics - Dealing with the nature of the beautiful and with 
judgements concerning beauty. 
Archaeological Potential - Areas where there is an expressed 
possibility of cultural remains of past human life and 
activities. 
Artifact - Any object made, modified, or used by man. 
Building - A structure created to shelter any form of human 

activity, i.e., house, barn, church, hotel, etc. 
Cultural Resource - Those non-renewable, fragile, and finite 
remains of human activity, occupation, and endeavor as 
reflected in districts, sites, structures, artifacts, 
objects, ruins, works of art, and architecture or documentation. 
Historic District - A district is a geographically definable area, 
urban or rural, possessing a significant concentration, link- 
age, or continuity of sites, buildings, structures, or objects 
united by past events or aesthetically by plan or physical 
development. 
Historic Archaeology - Investigation of historic sites through 

archaeological techniques is called historical archaeology; 
the study of the material culture of people living during the 
period of recorded history in order that the cultural history 
and behavior of these people can be more fully understood. 



G-l 



Mill Site Patent - A deed (patent) or conveyance from the United 
States to the owners (claimants) of a tract of non-mineral 
land of five acres or less, claimed under the 1872 Mining Law 
from the public domain and utilized at the time of application 
for milling of ore from a mine or mines or for other purposes 
closely related to the operation of a mine or mill. After 
issuance of patent (fee title) all restrictions of the mining 
laws regarding use are removed. 

National Register of Historic Sites - A register of districts, sites, 
buildings, structures, and objects, significant in American 
history, architecture, archaeology, and culture, maintained 
by the Secretary of the Interior. 

Paleontological Resource - Cultural values dealing with the life, 
ancient forms and condition of past geological conditions as 
known from fossil remains. 

Patented Mining Claim - A tract of land claimed from the public 
domain for lode or placer mining purposes and by virtue of 
full compliance with the Mining Law of 1872 has been deeded 
in full fee title by the United States to the owners 
(claimants) of record at the time of application -for mineral 
patent. 

Prehistoric Archaeology - All physical evidence of past human life 
or activities that represent aspects of a time prior to the 
written history of an area. 

Preservation - The process of sustaining the form and extent of a 
structure essentially as it now exists. Preservation aims 



G-2 



at halting further deterioration and providing structural 
stability but does not contemplate significant rebuilding. 

Restoration - The process of accurately recovering the form and 
details of a property as it appeared at a particular period 
of time by removing later work and by replacing missing 
original work. 

Reconstruction - The process of reproducing by new construction the 
exact form and detail of a vanished structure, or part thereof, 
as it appeared at a specific period of time. Reconstruction 
should be undertaken only when the property to be reconstructed 
is essential for understanding and interpreting the value of a 
historic district and sufficient documentation exists to insure 
an exact reproduction of the original. 

Rehabilitation - The process of returning a property to a state of 
utility, through repair or alteration, which makes possible an 
efficient contemporary use. In rehabilitation, those portions 
of the property important in illustrating historic, architectural, 
and cultural values are preserved or restored. 

Sensitive Animals - Animals classified by the BLM and Idaho Fish 
and Game Department are those: 

— not yet officially listed but which are undergoing a status 
review or are proposed for listing according to Federal Register 
notices published by the Secretary of the Interior or the 
Secretary of Commerce, or according to comparable State docu- 
ments published by State officials; 



G-3 



— whose populations are consistently small and widely dis- 
persed, or whose ranges are restricted to a few localities, 
such that any appreciable reduction in numbers, habitat 
availability, or habitat condition might lead toward 
extinction; and 

— whose numbers are declining so rapidly that official list- 
ing may become necessary as a conservation measure. Declines 
may be the cause of one or more of several factors including: 
destruction, modification, or curtailment of the species' 
habitat or range; overutilization for commercial, sporting, 
scientific, or educational purposes; disease or predation; 

the inadequacy of existing regulatory mechanisms; and/or other 
natural or manmade factors adversely affecting the species' 
continued existence. 

Site - A physical location where human activities or events trans- 
pired. The location of an event, activity, building, structure, 
or object. 

Stabilization - A protection technique usually applied to structures 
or ruins to keep them in their existing condition and to prevent 
further deterioration. 

Structure - A work constructed by man. 

Surface Estate - A property limited to use and occupancy of the 

surface and appropriation of surface resources such as timber, 
grass, and crops. Does not include the right to the subsurface 
mineral estate. 



G-4 



Visual Resource - The land, water, vegetation, animals, and other 
features that are visible on all public lands. 

Withdrawal - The removal of public (Federal) lands or resources from 
the operation of one or more forms of appropriation for private 
use or development. Requests for withdrawal may be filed with 
the Bureau of Land Management by any agency of the U. S. having 
authorization or responsibility to utilize (or set aside) lands 
for programs which come under their jurisdiction (such as re- 
clamation projects, power projects, bombing ranges, etc.). 
Withdrawals have formerly been made by a blanket executive order 
of the President under implied powers but since the passage 
of the Federal Land Policy and Management Act in 1976 must be 
done under that Act. In the case at hand the BLM filed the 
withdrawal application so as to protect the historical values 
of Silver City and adjacent area from possible damages from 
uncontrolled mining operations which could take place on newly 
located claims, were the area left open to the operation of 
the Mining Law of 1872. Rights steming from mining claims 
located prior to the date the proposed withdrawal was filed 
in the Land Records Office would not be affected. 



G-5 



REFERENCES 



Adams, Mildretta. 1969 Historic Silver City . Schwartz Publishing 
Co. Nampa, Idaho. 

Board of Owyhee County Commissioners. August 1975. Silver City 
Zoning Ordinance . Murphy, Idaho. 

Federal Register. July 1, 1977. Threatened or Endangered Fauna 
or Flora . Vol. 40. 

Federal Register. June 16, 1976. Endangered and Threatened 
Species - Plants . Part IV. 

Federal Register. September 30, 1976. Revised List of Endangered 
and Threatened Wildlife . 

Federal Register. February, 1977. National Register of Historic 
Places . Part II. 

Frisbee, John L. , III. May 26, 1977. A Letter, San Francisco, 
California. 

Gates, Paul W. , 1968. Histor y of Public Land Law Development , 
Public Land Law Review Commission, Washington, D.C., 
November, U.S. Government Printing Office. 

Green, Tom. 1977. Personal Communication, State Archaeologist. 
Boise, Idaho. 

Hanley, M. and E. Lucia, 1973. Owyhee Trails: The West's 

Forgotten Corner , The Caxton Printers, Ltd. Caldwell, Idaho. 

Hart, Arthur, Director 1973, Idaho State Historical Society, 
Boise, Idaho, Personal Communication. 

Hoagland, Roy Mrs. September 7, 1977 Interview. Owyhee County 
Employee, Murphy, Idaho. 

Hyslop , Julie, December 13, 1976. Report to Owyhee Joint Planning 
Commission from County Preservation Officer. Murphy, Idaho. 

Hyslop, Julie, August, 1977. Personal Communication, Owyhee County 
Preservation Officer, Director of the Owyhee County Museum. 

Hyslop, Julie, October 12, 1977. Personal Communication, Boise, 
Idaho. 



R-l 



Hyslop, Julie. September 15, 1977. Comments on the County Historic 
Zoning Ordinance. Murphy, Idaho. 

Idaho State Department of Water Resources and Boise State 

University, 1976, Population and Employment Forecast - State 
of Idaho Baseline Projections 1975-2000 . Boise, Idaho. 

Idaho State Water Resources Board. 1972. Comprehensive Rural Water 
and Sewage Plan . Owyhee County, Idaho. 

Idaho State Historical Society, 1970. Idaho State Historic 
Preservation Plan and Sites Survey . Draft, Idaho State 
Historical Society, Boise. 

Idaho State Historical Society, 1974. State Historical Preserva- 
tion Plan: Idaho , Idaho State Historical Society, Boise. 

Idaho State Department of Health and Welfare. August 24, 1977. A 
letter from William H. Clark of the Division of Environment. 
Boise, Idaho. 

Jayo , Barbara. July 28, 1977. Clerk of District Court, Auditor and 
Recorder, Owyhee County, Idaho. Personal Communication. 

Johnson, Lonnie C. 1975. An Historic Conservation Program: 

Silver City, Idaho , Architectural Thesis, University of 
Idaho, Moscow. 

Minot, George, Esq., Editor, 1851. Statutes at Large and Treaties 

of the United States of America from December 1, 1845, to 
March 3, 1851 , Little and Brown, Boston. 

McCroskey, William B. 1977. An Architectural Survey of Silver 
City, Owyhee County, Idaho. 

Orton, Clarence. September 6, 1977. Interview President, Silver 
City Taxpayers Association. Boise, Idaho. 

Orton, Clarence. August 24, 1977. Interview, Boise, Idaho. 

Owyhee County, 1974. Comprehensive Land Use Plan , Owyhee 
County Planning Commission. 

Southwest District Health Department. September 6, 1977. A Letter. 
Caldwell, Idaho. 

Sprague, Roderick. 1977. Historical Archaeological Testing at 
Silver City, Idaho. 

State of Idaho, 1977. Idaho Image, June- July issue. 



R-2 



U.S. Bureau of the Census, 1976. Provisional Estimates for the 
State of Idaho, CH2M Corporation . 1973. Letter. September 
13. Boise, Idaho. 

U.S. Department of the Interior. Bureau of Land Management. 1976. 
Social - Economic Profile Southwest Idaho, Region III . Boise 
District, Idaho. 



I 



U.S. Department of the Interior, Bureau of Land Management. 
Historical Highlights of Public La nd Management. U.S. 
Government Printing Office, Washington, D.C. 



1962. 



U.S. Department of the Interior, Bureau of Land Management. 
September 13, 1973. Mineral Report for the Proposed 
Withdrawal Silver City, Idaho and Vicinity. Boise, Idaho. 

U.S. Department of the Interior, National Park Service. January, 
1978. A letter from Acting Chief, Historical Architect. 
Washington, D.C. 

U.S. Department of the Interior, National Park Service. 1967. 
Prospector, Cowhand, and Sodbuster , Vol XI. The National 
Survey of the Sites and Buildings. Washington, D.C. 

Vincent, Kirk R. , Lauretta Burman, Michael W. Crim, Richard A. 
Hefner, E. Hunt, Her shall L. Johnson, Prent Kallenberger , 
Richard A. Link, Mark A. Longstroth, Gale Masters, Lura J. 
Morgan, Dale M. Reynolds, Anne E. Zelinshy. November 1976. 
DeLamar Baseline Study . A Boise State University study funded 
by National Science Foundation Student-Originated Studies 
Grant No. SMI 76-08165. 

Wells, Dr. Merle, September 2, 1971. National Register of 

Historic Places Inventory - Nomination Form for Silver 
City Historic District. 

Wells, Dr. Merle, August 1977. Personal Communication. Idaho 
State Historical Preservation Officer. 



R-3 



■ * U. S. GOVERNMENT PRINTING OFFICE ; 1973 O - 276- 



m 



:fl 



Bureau of Land Management 

Library 

Denver Service Center